2014 Ohio 4094
Ohio Ct. App.2014Background
- In 2006 Curtis D. Soverns pled guilty to rape, kidnapping with sexual motivation, and aggravated robbery for abducting and repeatedly raping a woman; he was sentenced to 65 years.
- Soverns did not file a direct appeal; he filed delayed appeals in 2007 and 2009, which this court denied.
- In 2013 Soverns filed a pro se motion to withdraw his guilty plea after sentencing, asserting the plea was not knowing and voluntary.
- His claims alleged the trial court failed to advise him of (a) the constitutional right to confront witnesses and (b) the consequences for violating post-release control.
- The trial court denied the motion; Soverns appealed. The record did not include a transcript of the 2006 plea colloquy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Soverns’ post-sentence motion to withdraw plea established manifest injustice | State: trial court properly denied motion absent showing of manifest injustice | Soverns: plea involuntary because court failed to advise him of right to confront accuser and post-release-control consequences | Court: affirmed; without plea transcript defendant cannot show manifest injustice and regularity is presumed |
Key Cases Cited
- State v. Boswell, 121 Ohio St.3d 575 (2009) (pre-sentence withdrawal of guilty plea should be liberally allowed)
- State v. Smith, 49 Ohio St.2d 261 (1977) (post-sentence motion to withdraw plea requires showing of manifest injustice)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1979) (when necessary transcript portions are omitted on appeal, regularity is presumed and the reviewing court must affirm)