State v. Whitaker, 2011 Ohio 6923

Whitaker appeals the trial court's denial of his post-sentencing motion to withdraw his guilty plea to one count of having weapons while under disability.
Whitaker claimed the plea was entered under duress; no transcript from the change-of-plea hearing was provided for review.
Alleged ineffective assistance of counsel and coercive conduct by counsel are argued but rely on evidence outside the record, so review is improper on direct appeal.
Whitaker raised discovery and grand jury testimony issues; court held these nonjurisdictional errors are waived when they do not preclude a knowing, voluntary plea.
Additional claims against the State and trial court about discovery and alibi evidence were not preserved by the motion to withdraw and were rejected.
On remand, Whitaker had pleaded guilty after a prior reversal and remand; the motion to withdraw was denied, leading to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the plea withdrawal denial rest on an abusive discretion	Whitaker alleged duress tainted plea	Whitaker's duress claim insufficient without transcript	No abuse; record lacking transcript to prove coercion
Were counsel's deficiencies making the plea involuntary	Counsel pressured plea and failed to investigate	Arguments rely on outside-record communications, not reviewable on direct appeal	Rejected; proper forum is post-conviction relief
Did discovery and grand jury issues invalidate knowing plea	State and court denied discovery and grand jury data	Nonjurisdictional errors waived by guilty plea	Waived; plea ensures knowing, intelligent, voluntary basis
Did assistant prosecutor's conduct render the plea invalid	Prosecutor allowed plea without proving state's evidence	Not raised in motion to withdraw; not reviewable on appeal	Procedurally barred; affirmed the denial
Did faulty legal advice or failure to investigate justify withdrawal	Counsel gave faulty advice about alibi witness and police report	Arguments outside record; review improper on direct appeal	Denied; must pursue post-conviction relief

State v. Smith, 49 Ohio St.2d 261 (1977) (burden to withdraw after sentencing; manifest injustice standard)
State v. Dotson, 2004-Ohio-2768 (Ohio App. 4th Dist.) (manifest injustice standard for post-sentence withdrawal)
State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (1998) (supervisory authority and due process implications in review)
State v. Allison, 2007-Ohio-789 (Ohio App. 4th Dist.) (extremely deferential abuse-of-discretion standard)
State v. Cooperrider, 4 Ohio St.3d 226 (1983) (post-conviction relief procedural framework)
State v. Spates, 64 Ohio St.3d 269 (1992) (plea waives nonjurisdictional errors that do not affect knowing plea)
State v. Mayes, 2004-Ohio-2027 (Ohio) (nonjurisdictional errors waived by guilty plea)