State v. Moore, 2011 Ohio 4546

Moore was arrested July 3, 2006 after his granddaughter disclosed oral sex by Moore.
He was indicted July 7, 2006 for rape of a child under ten (felony of the first degree).
Arraignment July 11, 2006: Moore stood mute; court entered not guilty on his behalf.
Moore moved to suppress statements; suppression hearing occurred; later, on Oct 27, 2006, Moore pled guilty to rape of a child under thirteen and was sentenced to 10 years.
Moore did not appeal his conviction and sentence.
On July 28, 2010 Moore moved to withdraw his guilty plea; the trial court denied on Nov 8, 2010; Moore appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-sentence Crim.R. 32.1 withdrawal was properly denied	Moore argues defense counsel was ineffective at suppression/plea, making plea not knowing	Moore contends plea was not knowing/voluntary due to counsel errors and medication factors	No abuse of discretion; manifest injustice not shown; regularity presumed; motion denied

State v. Bush, 96 Ohio St.3d 235 (2002-Ohio-3993) (post-sentence Crim.R. 32.1 discretion to correct manifest injustice)
State v. Smith, 49 Ohio St.2d 261 (1977) (abuse of discretion and manifest injustice standards for Crim.R. 32.1)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
State v. Bradley, 42 Ohio St.3d 136 (1989) (reasonable professional performance and prejudice required)
State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (1998) (definition of manifest injustice; governs post-conviction relief)
State v. Hartzell, (Aug. 20, 1999) (Montgomery App. No. 17499) (discussed availability of post-conviction relief grounds)