State v. Williams
2014 Ohio 5727
Ohio Ct. App.2014Background
- Mark Williams was charged with one count of Violating a Protection Order, a fourth-degree misdemeanor.
- He pled guilty on July 24, 2012 and was sentenced to 180 days in jail (suspended), 40 hours of community service, 18 months of community control, and costs.
- On September 7, 2012, Williams moved to withdraw his guilty plea.
- A March 18, 2013 hearing addressed the motion; a April 1, 2013 judgment denied it.
- Williams appeals the trial court’s denial of his Crim.R. 32.1 motion to withdraw the plea, arguing manifest injustice and ineffective assistance of counsel.
- The appellate court affirmed, holding no manifest injustice and that Williams failed to show error or prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying Crim.R. 32.1 motion to withdraw plea. | Williams claims manifest injustice and ineffective assistance. | State asserts no manifest injustice; delay and lack of merit shown; transcript issues; invited error. | No abuse of discretion; manifest injustice not shown; affirmation of denial. |
Key Cases Cited
- Fish v. State, No official reporter cited (Pre-1980s) (discussion of factors guiding Crim.R. 32.1 motions (prior to sentence))
- State v. Smith, 49 Ohio St.2d 261 (1977) (manifest injustice standard and timing factors for post-sentence withdrawal)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (burden to provide transcript; presumption of regularity; appraisal of record on appeal)
- State v. Caraballo, 17 Ohio St.3d 66 (1985) (abuse-of-discretion standard in Crim.R. 32.1 review)
- Xenia v. Jones, 2008-Ohio-4733 () (definition of manifest injustice as extraordinary circumstances (Second District))
- State v. Weaver, 2012-Ohio-2788 (5th Dist. Holmes No. 11 CA023) (manifest injustice/Crim.R. 32.1 analysis guidance)