State v. Simpson
2011 Ohio 6181
Ohio Ct. App.2011Background
- Simpson pleaded guilty to murder, felonious assault, domestic violence, evidence tampering, and grand theft in Montgomery County.
- The trial court accepted the pleas and agreed to an aggregate sentence of fifteen years to life in prison as part of the plea deal.
- After plea acceptance, Simpson sought to withdraw his pleas pre-sentence, alleging inadequate representation and a potential defense issue (manslaughter) that he could pursue at trial.
- The trial court appointed new counsel and denied the pre-sentence motion to withdraw the pleas in a detailed decision.
- Simpson was aware of the agreed sentence when pleading; the court treated his motion as pre-sentence, applying a lenient standard.
- The court ultimately denied the motion, ruling Simpson had a change of heart, and also ruled his pleas were entered knowingly, voluntarily, and intelligently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-sentence motion to withdraw pleas should be granted | Simpson argued trial counsel conflicts and need to pursue manslaughter. | State urged no valid basis beyond a change of heart; pleas should remain. | No abuse of discretion; no reasonable basis to withdraw pre-sentences. |
| Whether the pleas were entered knowingly, voluntarily, and intelligently | Simpson claimed limited education/intelligence and hidden attorney conflict undermined validity. | Record shows full understanding; conflicts disclosed and discussed; no invalid pleas. | Pleases entered knowingly, voluntarily, and intelligently; second assignment overruled. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentence plea withdrawal requires a liberal standard)
- State v. Shane, 63 Ohio St.3d 630 (1994) (provocation standards for voluntary manslaughter)