State v. Walters, 2013 Ohio 695

Appellant Darryl Walters was indicted in 2008 on murder, felonious assault, tampering with evidence, and abuse of a corpse in Scioto County based on a Frazee death in 2001.
Walters confessed during interviews while in Adams County custody for another homicide, leading to concurrent Scioto County cases 08CR468 and 08CR469 and an Adams County case.
In October 2008, Walters pleaded guilty to the Scioto County charges under a negotiated plea, receiving two 15-to-life sentences to be served concurrently with each other and consecutive to the Adams County sentence, with other counts dismissed.
Walters did not appeal or seek post-conviction relief initially.
Over three years later, on December 16, 2011, Walters moved to withdraw his guilty plea and for a new trial, alleging counsel misadvised him about the plea terms and requesting suppression of statements.
The trial court denied the post-sentence motion without a hearing on March 9, 2012, and Walters appealed raising a single assignment of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Post-sentence motion to withdraw plea requires manifest injustice show?	Walters (plaintiff) argues manifest injustice due to counsel misadvice and ineffective assistance.	Walters (defendant) contends court failed to hold an evidentiary hearing.	Motion denied; res judicata barred merits and no manifest injustice shown.

State v. Smith, 49 Ohio St.2d 261 (1977) (defines manifest injustice and standard for post-sentence withdrawal)
State v. Perry, 10 Ohio St.2d 175 (1967) (settled framework for post-sentence withdrawals)
State v. Adams, 62 Ohio St.2d 151 (1980) (abusive discretion standard; res judicata considerations)
United States v. Washington, 341 F.2d 277 (3d Cir. 1965) (reviews post-sentence withdrawal for manifest injustice)
United States v. Semel, 347 F.2d 228 (4th Cir. 1965) (extrajudicial considerations for withdrawal)
State v. Madrigal, 87 Ohio St.3d 378 (2004) (ineffective assistance claim requires record-based showing)