2018 Ohio 2778
Ohio Ct. App.2018Background
- On April 13, 2016, Redmond followed a driver (Harris) after a hit-and-run; the vehicles subsequently crashed and Redmond was arrested and charged with two counts of second-degree felonious assault.
- Redmond waived preliminary hearing, was indicted, pleaded not guilty, waived jury trial, and bench trial was scheduled for January 23, 2017.
- Instead of proceeding to trial, Redmond entered an Alford plea on January 23, 2017; the written plea form had "Alford" handwritten and the court accepted the plea.
- The State agreed the two counts would merge and made no sentencing recommendation; no factual presentation by the State was made at the plea hearing.
- At sentencing the court heard character letters, found Redmond not amenable to community control, and imposed four years’ imprisonment. Redmond appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Redmond) | Held |
|---|---|---|---|
| Whether the trial court conducted the required heightened inquiry for an Alford plea | The court’s routine Crim.R. 11 colloquy was adequate and counsel was present and competent | The court failed to make the additional factual inquiries required when accepting an Alford plea; plea wasn’t knowingly/intelligently entered | Court: Reversed — trial court failed to perform the heightened Alford inquiry; plea vacated |
| Whether the guilty finding under the Alford plea was against the manifest weight of the evidence | State relied on acceptance of plea and merged counts; no separate presentation at plea required | Without factual basis or stipulation, record lacked facts demonstrating guilt; conviction against manifest weight | Court: Reversed — record did not contain sufficient factual basis to resolve conflict between claimed innocence and plea |
| Whether counsel provided ineffective assistance by advising plea instead of going to trial | State: Counsel obtained concrete benefits (merger of counts; no sentencing recommendation) and client understood plea | Redmond: He was confused and counsel should have tried the case rather than plead without a state recommendation | Court: Denied — appellate court found counsel’s performance not shown to be deficient or prejudicial |
| Remedy/remand | N/A | N/A | Vacate plea; remand for further proceedings consistent with opinion |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (1970) (describes Alford plea and the need for careful inquiry when defendant pleads guilty while asserting innocence)
- State v. Piacella, 27 Ohio St.2d 92 (1971) (lists factors for accepting an Alford plea in Ohio)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio application of Strickland standard)
- State v. Hamblin, 37 Ohio St.3d 153 (1988) (competence presumption for licensed attorneys)