State v. Weaver
2013 Ohio 2486
Ohio Ct. App.2013Background
- Appellant State of Ohio appeals a Holmes County Municipal Court grant of Crim.R. 32.1 relief to appellee Terra Weaver, who sought to withdraw her 1998 no contest plea.
- In 1998 Weaver was charged with domestic violence, pleaded no contest, and was found guilty with conditions including attending Family Lifeskills.
- Weaver moved in 2011 to withdraw the plea, asserting lack of counsel discussion and incomplete understanding of consequences; the court granted the motion in November 2011.
- This Court reversed in Weaver I (2012), remanding for proceedings consistent with our opinion and holding no manifest injustice had been shown.
- On remand, the trial court held a second evidentiary hearing in 2012 and granted the motion to withdraw in October 2012; the State appealed again.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by reopening Crim.R. 32.1 after Weaver I | Weaver | Weaver | Yes; the law of the case barred further proceedings and reversal was required |
Key Cases Cited
- State v. Cvijetinovic, 2003-Ohio-7071 (Ohio Ct. App.) (law-of-the-case application to plea-withdrawal appeals)
- State v. White, 2003-Ohio-178 (Ohio Ct. App.) (law-of-the-case in plea withdrawal context)
- Pipe Fitters Union Local No. 392 v. Kokosing Constr. Co., Inc., 81 Ohio St.3d 214 (1998) (law-of-the-case doctrine governs subsequent proceedings)
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (foundation for law-of-the-case concept in appellate review)
- Weaver, State v. Weaver, 2012-Ohio-2788 (Ohio App. 5th Dist. 2012) (prior reversal/remand addressing Crim.R. 32.1 motion)