2019 Ohio 5307
Ohio Ct. App.2019Background
- Defendant Bernard Weathersbee lived with his girlfriend and her minor daughter; in March 2016 the child and mother reported that Weathersbee had sexually abused the child for about ten years.
- A 29-count indictment followed, including multiple counts of first-degree rape, illegal use of a minor in nudity-oriented material, and related offenses.
- Pretrial, defense counsel moved to exclude evidence from the defendant's cell phones (motion denied); an expert was retained but defense ultimately chose not to use one.
- On the morning of trial, Weathersbee complained on the record about appointed counsel and alleged counsel was unprepared; counsel disputed those claims and said he was ready to proceed.
- After a full Crim.R. 11 plea colloquy, Weathersbee pleaded guilty to 24 counts (17 rape, 6 illegal-use, 1 unlawful sexual conduct), waived a PSI, and received a jointly recommended 29-year prison term.
- On appeal (later pro se supplemental filings), Weathersbee argued (1) his plea was not knowing/voluntary, (2) he received ineffective assistance, and (3) he is actually innocent; the court affirmed the conviction and sentence.
Issues
| Issue | State's Argument | Weathersbee's Argument | Held |
|---|---|---|---|
| Validity of guilty plea (Crim.R. 11) | Trial court complied with Crim.R. 11; colloquy and written plea show plea was knowing, intelligent, voluntary. | Plea was involuntary because counsel was unprepared/forced him to plead; trial court participated improperly in plea negotiations and failed to protect rights. | Plea valid: court strictly complied with Crim.R. 11, defendant subjectively understood rights and effects; claims unsupported by record. |
| Ineffective assistance of counsel | Counsel gave candid assessment and exercised reasonable strategy; record shows counsel was prepared and made tactical choices. | Counsel failed to investigate, interview witnesses, review evidence, produce mitigation, and pressured defendant; counsel conflicted and unprepared. | No ineffective assistance shown on the record; complaints largely require evidence outside the record and belong in post-conviction proceedings. |
| Actual innocence / sufficiency and weight of evidence | Guilty plea waives challenges to sufficiency and weight; defendant waived confrontation and trial rights in colloquy and written plea. | Defendant asserts factual innocence and challenges the evidence the state would have presented. | Waived by guilty plea; defendant cannot raise sufficiency/manifest-weight claims after plea. |
| Requests for new counsel / trial-court conduct | Court had no duty to replace counsel given record; court did not err in accepting plea after hearing complaints. | Trial court erred by not appointing new counsel and by its comments/participation regarding plea offers. | No abuse of discretion; record shows the court addressed complaints, counsel denied the allegations and remained ready; no basis to appoint new counsel. |
Key Cases Cited
- State v. Stewart, 51 Ohio St.2d 86 (plea waivers must be knowing, intelligent, and voluntary)
- State v. Griggs, 103 Ohio St.3d 85 (Crim.R. 11 ensures defendants know rights they forgo and creates appellate record)
- State v. Clark, 119 Ohio St.3d 239 (failure to explain rights under Crim.R. 11(C)(2)(c) creates presumption plea was involuntary)
- State v. Veney, 120 Ohio St.3d 176 (strict compliance required for constitutional-rights waiver)
- State v. Barker, 129 Ohio St.3d 472 (substantial compliance may suffice where explanation is reasonably intelligible)
- State v. Bradley, 42 Ohio St.3d 136 (adopts Strickland two-part ineffective-assistance test)
- Strickland v. Washington, 466 U.S. 668 (establishes prejudice and deficiency prongs for ineffective-assistance claims)
- State v. Ketterer, 111 Ohio St.3d 70 (counsel has duty to give honest, candid appraisal; need not be optimistic)
- State v. Madrigal, 87 Ohio St.3d 378 (issues requiring proof outside the record should be raised in post-conviction proceedings)