State v. White, 2017 Ohio 287

James C. White was indicted on multiple counts including rape of a child under 13, gross sexual imposition, kidnapping, and importuning; rape count included prior/violent/sexually-violent specifications.
Pursuant to a plea agreement White pleaded guilty to amended counts of rape and kidnapping; other counts were nolled and the state elected sentencing on the rape count.
Trial court sentenced White to 11 years imprisonment and designated him a Tier III sex offender/child offender registrant.
On the Friday before trial the judge, while placing the state’s plea offer on the record, compared White’s situation to a recently convicted defendant who faced much harsher exposure (life without parole), and urged White to consider the plea.
White had the weekend to consult with counsel and, after a full Crim.R. 11 colloquy in which he denied promises or threats induced his plea, entered the guilty plea.
White appealed, arguing the court’s comparison/coaching coerced his plea; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court coerced White’s guilty plea by comparing his case to another convicted defendant	The State argued the judge’s comments were an acceptable cautionary example of trial risk and did not render the plea involuntary	White argued the judge’s comparison and advocacy before the plea coerced him into pleading guilty and undermined voluntariness	The court held the judge’s comments did not coerce the plea; they were an example of potential trial risk, White had time to consult counsel, and his plea was knowing and voluntary

State v. Engle, 74 Ohio St.3d 525 (constitutional requirement that a plea be knowing, intelligent, and voluntary)
State v. Byrd, 63 Ohio St.2d 288 (judicial participation in plea bargaining is discouraged; may cause coerced pleas)
Missouri v. Frye, 566 U.S. 134 (importance of a record showing defendant aware of plea deal when judge participates)
State v. Sawyer, 183 Ohio App.3d 65 (judge’s intervention in plea bargaining must be scrutinized for voluntariness)
State v. Jabbaar, 991 N.E.2d 290 (plea voluntariness assessed from the whole record; judge’s remarks do not automatically invalidate plea)