State v. Stewart, 2018 Ohio 684

Background

Defendant Mose D. Stewart was indicted on four counts arising from a November 30, 2015 incident: attempted rape (Count 1), gross sexual imposition (Count 2), kidnapping (Count 3), and disrupting public services (Count 4).
Stewart waived a jury trial; during the bench trial on December 15, 2016 he accepted a plea: guilty to attempted rape (Count 1) and disrupting public services (Count 4); Counts 2 and 3 were nolled. Tier III sex-offender registration was part of the plea.
Throughout proceedings appointed counsel moved to withdraw and Stewart repeatedly requested new counsel; the trial court denied withdrawal and substitution motions after inquiry.
Stewart made multiple requests to withdraw his guilty plea before and after sentencing; the court denied relief after conducting Crim.R. 11 colloquy and hearings, and later referred Stewart for a competency evaluation.
The court psychiatric clinic concluded Stewart was malingering and competent; the parties ultimately stipulated to the report and the court imposed concurrent prison terms (6 years for Count 1; 18 months for Count 4), with the six-year term consecutive to a separate postrelease-control revocation sentence.

Issues

Issue	State's Argument	Stewart's Argument	Held
Whether trial court erred by denying counsel’s motions to withdraw and defendant’s requests for new counsel	No; appointed counsel was competent and ready; defendant’s complaints were vague and reflected noncooperation, not ineffective assistance	There was an irreconcilable breakdown in the attorney-client relationship requiring new counsel	Denied — court did not abuse discretion; no complete breakdown jeopardizing effective assistance
Whether trial court abused discretion by refusing to allow withdrawal of the guilty plea	No; plea was knowingly, voluntarily entered after full Crim.R. 11 colloquy; defendant gave only vague, unsupported reasons; competency evaluation later found malingering	Plea should be withdrawn because of mental-health issues, promises about sentence/charges, and ineffective/conflicting counsel advice	Denied — trial court afforded colloquy and hearings, plea withdrawal not supported and decision not an abuse of discretion
Whether trial court violated due process by failing to place competency-evaluation results on the record	The court discussed the evaluation and received the psychiatric clinic report; parties later stipulated to the report	Court failed to discuss the evaluation results on the record	Denied — results were discussed on record; parties stipulated so no further hearing was required
Whether the court ignored defendant’s requests during hearings (due process)	Court considered and ruled on requests after hearing arguments	Court ignored or dismissed defendant’s requests	Denied — record shows requests were considered and decided upon

Key Cases Cited

State v. Milligan, 40 Ohio St.3d 341 (state constitutional right to counsel) (establishes right to counsel under Sixth Amendment and Ohio Constitution)
State v. Henness, 79 Ohio St.3d 53 (right to effective assistance; no right to counsel of choice)
State v. Murphy, 91 Ohio St.3d 516 (indigent defendants entitled to competent representation, not counsel of choice)
Morris v. Slappy, 461 U.S. 1 (1983) (no right to a meaningful relationship with counsel)
State v. Deal, 17 Ohio St.2d 17 (trial court must inquire into complaints about appointed counsel when allegations are specific)
State v. Johnson, 112 Ohio St.3d 210 (allegations must be sufficiently specific to trigger inquiry)
State v. Xie, 62 Ohio St.3d 521 (standard for pre-sentence withdrawal of guilty plea)
State v. Peterseim, 68 Ohio App.2d 211 (factors for reviewing denial of plea-withdrawal motions)
State v. Haberek, 47 Ohio App.3d 35 (last-minute request for new counsel on day of trial may indicate bad-faith delay)
State v. Ketterer, 111 Ohio St.3d 70 (counsel’s duty to give candid appraisal; hostility alone insufficient for substitution)