2019 Ohio 398
Ohio Ct. App.2019Background
- In Nov. 2013 a Clark County grand jury indicted Shane R. Ramey on multiple drug and weapons counts; a search warrant for his residence was issued Nov. 1, 2013 and executed on Nov. 5, 2013.
- Ramey moved to suppress evidence from the search; the trial court denied the suppression motion after reviewing the warrant and affidavit.
- On Mar. 5, 2014 Ramey pleaded guilty to trafficking in cocaine (with a firearm specification) and having weapons while under disability; remaining counts were dismissed; he was later sentenced to consecutive prison terms.
- This court affirmed his conviction on direct appeal; Ramey then filed a pro se post-appeal Crim.R. 32.1 motion (Mar. 2016) to withdraw his guilty pleas, alleging ineffective assistance of trial counsel for failing to advise that the search warrant was invalid because it was executed more than three days after issuance.
- The trial court denied the post-conviction motion without a hearing, concluding the warrant was executed within the three-day window when Crim.R. 41(C)(2) is read with Crim.R. 45(A); the court also did not rely on a missing Feb. 4, 2014 transcript.
- On appeal, the court affirmed, holding (1) the trial court lacked jurisdiction to grant post-appeal Crim.R. 32.1 relief after this court had affirmed the conviction, and (2) substantively Ramey’s claim was meritless because the execution date was timely under Crim.R. 45(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by denying Crim.R. 32.1 motion without a hearing | State: No error; court properly denied motion as time to execute the warrant had not lapsed and factual issues were resolved | Ramey: Court should have held a hearing because counsel was ineffective for failing to challenge a warrant executed outside the 3-day window | Court: No abuse of discretion; also trial court lacked jurisdiction to vacate pleas after appellate affirmance, so denial was proper |
| Whether the search warrant execution violated Crim.R. 41(C)(2) (three-day rule) | State: Warrant was timely because Crim.R. 45(A) excludes intermediate weekends from short time computations | Ramey: Warrant executed four (or five) days after issuance, rendering it invalid and counsel ineffective for not raising the issue | Court: Execution on Nov. 5, 2013 was within three days when excluding Sat/Sun under Crim.R. 45(A); claim meritless |
| Whether trial court relied on missing suppression hearing transcript to deny relief | State: Court decision based on undisputed dates and rule application, not missing transcript | Ramey: Denial improperly relied on facts from an omitted Feb. 4, 2014 transcript | Court: Even if transcript missing, dates are undisputed in record; absence of transcript is inconsequential |
| Whether defendant waived hearing by moving for summary judgment in lieu of evidentiary hearing | State: Ramey sought summary judgment and thereby waived hearing | Ramey: Still entitled to evidentiary hearing on ineffective assistance claim | Court: Ramey had asked for summary judgment, so he cannot now complain about lack of a hearing |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for appointed counsel to file brief when no arguable appealable issues)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (entitlement to evidentiary hearing when warrant affidavit contains deliberate or reckless falsehoods)
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (Ohio 1978) (trial court lacks jurisdiction to vacate a judgment after appellate affirmance under Crim.R. 32.1)
- State v. Davis, 131 Ohio St.3d 1 (Ohio 2011) (clarifies limited exceptions to Special Prosecutors, e.g., trial court may retain jurisdiction for Crim.R. 33 new-trial motions based on newly discovered evidence)
- State v. Adams, 62 Ohio St.2d 151 (Ohio 1980) (standard for abuse of discretion review)