State v. Murray
2016 Ohio 4994
Ohio Ct. App.2016Background
- Larry G. Murray was indicted on multiple burglary/robbery felonies arising from an October 10, 2014 home intrusion; he initially pled not guilty.
- On April 22, 2015 Murray, with counsel present, accepted a plea to one count of aggravated burglary; the state recommended six years and other counts were dismissed.
- Murray was sentenced to six years and did not appeal the conviction or sentence.
- Over five months later he filed a Crim.R. 32.1 motion to withdraw his plea and an R.C. 2953.21 petition for postconviction relief, alleging his plea was involuntary due to mental illness, duress, a suicide attempt, and ineffective assistance because counsel met him infrequently and did not investigate mental-health records. He attached only his own affidavit.
- The trial court reviewed a recording of the plea/sentencing hearing, found the record contradicted Murray’s claims, and denied both the motion and the petition without an evidentiary hearing.
- The court of appeals affirmed, holding the plea was knowingly, intelligently, and voluntarily entered and counsel’s performance was not shown to be deficient under Strickland.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Murray) | Held |
|---|---|---|---|
| Whether Murray’s post‑sentence motion to withdraw guilty plea shows manifest injustice | The plea colloquy complied with Crim.R. 11 and the record demonstrates Murray knowingly and voluntarily pled guilty | Murray says he was mentally ill, under duress, and therefore incompetent to enter a knowing, intelligent, voluntary plea | Denied: court found plea supported by colloquy/record; no manifest injustice shown |
| Whether trial counsel’s representation was ineffective such that plea was involuntary | Counsel negotiated a favorable plea, was present at critical stages, and answered Murray’s questions; no record evidence of deficient performance | Counsel met Murray briefly, failed to investigate or assess Murray’s mental state, and thus rendered deficient performance that affected the plea | Denied: Murray failed to plead operative facts showing deficient performance or prejudice under Strickland |
| Whether an evidentiary hearing on the postconviction petition was required | The files and record (including plea recording) show insufficient operative facts to merit a hearing | A hearing was required to develop evidence of Murray’s alleged suicide attempt and jail/medical records | Denied: trial court properly exercised discretion to summarily dismiss; record and Murray’s affidavit insufficient to show substantive grounds for relief |
| Whether Murray’s self‑serving affidavit rebuts presumption plea was voluntary | The State argues a full Crim.R. 11 colloquy creates a presumption of voluntariness which Murray must rebut with corroborating evidence | Murray contends his affidavit and claims of jail suicide attempt suffice to rebut presumption | Held for State: self‑serving affidavit alone is insufficient where record contradicts claims; presumption not rebutted |
Key Cases Cited
- Smith v. State, 49 Ohio St.2d 261 (Ohio 1977) (standard for post‑sentence plea withdrawal: manifest injustice)
- Kapper v. State, 5 Ohio St.3d 36 (Ohio 1983) (defendant’s self‑serving affidavit insufficient to rebut plea voluntariness where record shows otherwise)
- Fillaggi v. State, 86 Ohio St.3d 230 (Ohio 1999) (defendant presumed competent; burden to rebut)
- Tollett v. Henderson, 411 U.S. 258 (U.S. 1973) (guilty plea waives independent claims of pre‑plea constitutional deprivations)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance: deficient performance and prejudice)