State v. Oliver, 2013 Ohio 1977

Indictments included aggravated burglary, tampering with evidence, carrying concealed weapons, receiving stolen property, marijuana trafficking, with firearm and forfeiture specifications.
Oliver pleaded guilty to marijuana trafficking with a criminal forfeiture specification; other charges were dismissed.
He also pleaded guilty to a probation-violation in a previous case.
Sentence imposed: six months for trafficking to be served concurrently with 18-month probation-violation sentence; driver’s license suspended for six months.
At the post-plea hearing, Oliver sought to withdraw his plea and asserted his attorney coerced him; the attorney testified for the State.
Appellate court sustained Oliver’s assignment of error, reversed, and remanded for new counsel and a new hearing on withdrawal of plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-judgment withdrawal hearing is a critical stage requiring counsel.	Oliver claims counsel was denied effective assistance when counsel testified against him.	State argues counsel’s presence at post-plea hearing does not require new counsel or cross-examination.	Trial court erred; denial of counsel's effective assistance established; remanded for new counsel and rehearing.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong standard for ineffective assistance of counsel)
Cronic v. United States, 466 U.S. 648 (U.S. Supreme Court 1984) (complete denial of counsel; breakdown of adversarial process)
Gideon v. Wainwright, 372 U.S. 335 (U.S. Supreme Court 1963) (right to counsel as a fundamental component of criminal justice)
Crissman v. State, 31 Ohio App.2d 170 (Ohio App.2d 1971) (limits on cross-examination by counsel at certain proceedings)