State v. Nickelson, 2011 Ohio 1352

Indictment charging nine counts of drug trafficking and one count of possession of criminal tools; Nickelson pled guilty to two counts in exchange for dismissal of eight counts.
Trial court accepted the guilty pleas on October 25, 2005, and scheduled a sentencing hearing for November 9, 2005, but Nickelson did not appear for sentencing.
Authorities later apprehended Nickelson; on January 28, 2009 he pro se moved to withdraw the 2005 guilty pleas; at February 2, 2009 sentencing, the court overruled the motion and sentenced him to consecutive terms totaling 15 years.
Nickelson I (2009-Ohio-7006) affirmed the conviction on direct appeal; further attempts to appeal to the Ohio Supreme Court were rebuffed.
On April 7, 2010 Nickelson filed the instant motion to withdraw the guilty plea; the trial court summarily denied it, and Nickelson timely appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-sentence Crim.R. 32.1 motion to withdraw a plea without an evidentiary hearing was error.	Nickelson argues denial was erroneous and violated due process.	State argues res judicata bars relitigation and no hearing required.	No error; res judicata bars the claim; affirm.

State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (abuse of discretion standard for Crim.R. 32.1 motions)
State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (abuse of discretion for trial court decisions)
State v. Clark, 71 Ohio St.3d 466 (Ohio 1994) (abuse of discretion and standards on review)
State v. Moreland, 50 Ohio St.3d 58 (Ohio 1990) (defining abuse of discretion and weighing factors)
Vaught v. Cleveland Clinic Found., 98 Ohio St.3d 485 (Ohio 2003) (illustrating heavy scrutiny of trial court judgment)
Nakoff v. Fairview Gen. Hosp., 75 Ohio St.3d 254 (Ohio 1996) (res judicata principles in post-conviction challenges)
State v. Nickelson, 2009-Ohio-7006 (Ohio) (earlier appellate decision affirming conviction and issues)