State v. Weaver
2012 Ohio 2788
Ohio Ct. App.2012Background
- appellee Terra Kamp (formerly Weaver) pleaded no contest to one count of domestic violence in 1998; judgment entered with conditions including attending a Family Lifeskills program.
- In 1998 the court did not have a Crim.R. 11 colloquy in the record, but no Crim.R. 11 deficiency was alleged.
- Kamp moved in 2011 to withdraw her guilty plea, asserting lack of counsel discussion and incomplete understanding of plea consequences.
- The trial court held an oral hearing and ultimately granted the motion to withdraw the plea in November 2011.
- State appealed, and the Fifth District reversed, holding the trial court abused its discretion and that manifest injustice was not shown.
- This appeal concerns whether a post-sentence withdrawal of a no-contest plea after 13 years can be permitted under Crim.R. 32.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused Crim.R. 32.1 discretion | State argues withdrawal after long delay was improper | Kamp argues withdrawal is warranted by lack of counsel discussion and manifest injustice | Abuse found; reversal and remand. |
Key Cases Cited
- State v. Aleshire, 2010-Ohio-2566 (Fifth Dist. 2010) (manifest injustice standard post-sentencing)
- State v. Reimsnyder, 1995 WL 771388 (Notably 5th Dist. 1995) (Crim.R. 32.1 applicability and timing considerations)
- State v. Copeland-Jackson, 2003-Ohio-1043 (Fifth Dist. 2003) (length of time as factor in manifest injustice)
- State v. Tinney, 2012-Ohio-72 (Fifth Dist. 2012) (abuse of discretion standard for Crim.R.32.1 review)
- State v. Caraballo, Ohio St.3d 0 (Supreme Court) (abuse of discretion standard defined)
- State v. Sabatino, 102 Ohio App.3d 483 (Eighth Dist. 1995) (employment consequences irrelevant to knowing plea)
- State v. Jordon, 2007-Ohio-6795 (Fifth Dist. 2007) (plea validity unaffected by future license issues)
- Xenia v. Jones, 2008-Ohio-4733 (Second Dist. 2008) (no manifest injustice where consequences of plea not understood)
- State v. Perri, 2006-Ohio-5185 (Eleventh Dist. 2006) (not required to ensure understanding of plea consequences for employment)