State v. Walters
2013 Ohio 772
Ohio Ct. App.2013Background
- Walters was indicted Feb. 22, 2008 for the murder of Melinda Powell (2004 death).
- On Aug. 7, 2008 Walters withdrew not-guilty plea and plead guilty to murder; Oct. 2008 negotiations contemplated rearguing sentence; sentenced to 15 years to life.
- Walters did not file a direct appeal; no post-conviction relief sought for years thereafter.
- On Dec. 16, 2011 Walters moved to withdraw his guilty plea and for a new trial, claiming counsel misadvised on sentences and ineffective assistance for suppression.
- Trial court denied the motion May 18, 2012 without an evidentiary hearing; appeal followed raising one assignment of error.
- Appellate court held the claims were barred by res judicata and, even on merits, failed; no abuse of discretion in denying a hearing; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-sentence withdrawal of plea requires manifest injustice? | Walters: manifest injustice from misadvised plea and ineffective assistance. | State: res judicata bars review; no manifest injustice shown; no hearing needed. | Res judicata bars review; no manifest injustice warranting a hearing. |
Key Cases Cited
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (post-sentence withdrawal requires manifest injustice)
- State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (Ohio 1998) (manifest injustice standard; extraordinary remedy)
- Adams, 62 Ohio St.2d 151 (Ohio 1980) (abuse of discretion standard for post-plea relief)
- Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (motion to compel arbitration standard is similar to summary judgment standard)
- State v. Madrigal, 87 Ohio St.3d 378 (Ohio 2003) (ineffective assistance claims require showing of prejudice)
- United States v. Semel, 347 F.2d 228 (4th Cir. 1965) (post-sentence relief requires manifest injustice showing)