State v. Montgomery
2016 Ohio 2943
Ohio Ct. App.2016Background
- Defendant Kenny Montgomery pleaded guilty (per plea agreement) to amended burglary and attempted felonious assault (merged for sentencing); sentence of 12 months imprisonment imposed to run concurrently with another case.
- Postsentence, Montgomery filed a Crim.R. 32.1 motion to withdraw his plea, alleging ineffective assistance of counsel, coercion by counsel, and actual innocence; he attached two affidavits supporting those claims.
- The trial court summarily denied the motion without an evidentiary hearing.
- Montgomery appealed, arguing the court erred by refusing to hold a hearing on his postsentence motion to withdraw his guilty plea.
- The record included a Crim.R. 11 colloquy in which Montgomery denied any threats or promises, stated he understood the plea, did not want a trial, and praised his lawyer at sentencing.
- The appellate court reviewed whether the allegations, accepted as true, would necessitate withdrawal (manifest injustice standard) and whether the record conclusively refuted the motion's claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a postsentence Crim.R. 32.1 motion alleging ineffective assistance, coercion, and actual innocence requires a hearing | State: the record (colloquy) shows no basis for relief; no hearing required when allegations are contradicted by record | Montgomery: counsel coerced him, provided ineffective assistance, and he is actually innocent — thus manifest injustice requires withdrawal and a hearing | Court: Denied — record (Crim.R. 11 colloquy and defendant’s statements) conclusively refuted allegations; no hearing required; no manifest injustice shown |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (sets manifest injustice standard for postsentence plea withdrawal)
- State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (Ohio 1998) (defines "manifest injustice" as a clear or openly unjust act)
- State v. Dalton, 153 Ohio App.3d 286 (Ohio Ct. App. 2003) (ineffective assistance can constitute manifest injustice warranting plea withdrawal)
- State v. Legree, 61 Ohio App.3d 568 (Ohio Ct. App. 1989) (hearing required only if allegations, accepted as true, would require withdrawal)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (burden on defendant to establish manifest injustice)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for abuse of discretion review)