2014 Ohio 981
Ohio Ct. App.2014Background
- Nisley indicted for aggravated possession of drugs; change of plea amended to attempted aggravated possession of drugs, a misdemeanor.
- Crim.R. 11 plea hearing occurred; Nisley stated understanding and satisfaction with counsel; pled guilty to amended charge.
- Competency evaluation ordered; Dr. Forgac concluded Nisley competent to stand trial; evaluation admitted by agreement.
- Nisley requested funds for expert and other pre-sentencing actions; fingerprinting and related matters ordered.
- Sentencing delayed after disruptive conduct; second sentencing held; numerous pro se motions filed by Nisley.
- Trial court ultimately sentenced Nisley to 120 days in jail plus costs; Nisley timely appealed claiming multiple errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether presentence motions collectively warrant withdrawal of plea | Nisley contends the motions amount to withdrawal of plea due to pain and coercion. | State argues no explicit plea-withdrawal request; no abuse of discretion in denial. | No withdrawal of guilty plea; no abuse of discretion. |
| Whether a second competency evaluation was warranted before sentencing | Nisley argues need for second competency evaluation due to pain affecting mental state. | State/defense showed Nisley was competent; no basis for second evaluation. | No abuse of discretion in denying second competency evaluation. |
| Whether Nisley received ineffective assistance of counsel | Cited coercive statements and failure to advise on plea; plea involuntary. | Record shows knowing, voluntary plea; no proof of deficient performance causing harm. | No ineffective assistance; plea was knowing, voluntary, and intelligent. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (withdrawal of guilty plea requires a hearing and is within trial court discretion)
- State v. Sylvester, 2008-Ohio-2901 (Ohio App.3d 2008) (factors for considering plea withdrawal; proper consideration of motion)
- State v. Leffler, 2008-Ohio-3057 (Ohio App.3d 2008) (Crim.R. 11 hearing and competency considerations)
- State v. Fish, 104 Ohio App.3d 236 (1995) (factors in evaluating withdrawal of guilty plea)
- State v. Prince, 2012-Ohio-4111 (Ohio App.3d 2012) (factors for evaluating withdrawal motions and fairness)
- State v. Bailey, 90 Ohio App.3d 58 (1992) (competence evaluations and discretionary rulings)