State v. Bates

Citations

• 250 N.E.3d 849
• 2024 Ohio 3309

Syllabus

Postsentence motion to withdraw guilty pleas Crim.R. 32.1 manifest injustice abuse of discretion res judicata ineffective assistance of counsel failure to investigate motion to suppress postrelease control void/voidable sentence knowing, intelligent, voluntary guilty pleas. Defendant's claims were insufficient to show that he received ineffective assistance of counsel that rendered his guilty pleas unknowing, unintelligent or involuntary. Defendant did not set forth facts in his motion and supporting affidavit that, if true, would have demonstrated a manifest injustice and required the trial court to grant his motion to withdraw his guilty pleas. Trial counsel was not ineffective for failing to predict the Ohio Supreme Court's rulings in State v. Harper, 2020-Ohio-2913, State v. Hudson, 2020-Ohio-3849, and State v. Bates, 2022-Ohio-475, and file a motion to suppress evidence from a \warrantless search\ on that basis. The trial court, therefore, did not abuse its discretion in denying Bates' postsentence motion to withdraw his guilty pleas without an evidentiary hearing.