State v. Diol

Citations

• 2021 Ohio 3120

Syllabus

CONSTITUTIONAL LAW/CRIMINAL—PROCEDURE/RULES —COUNSEL: The common pleas court abused its discretion in denying defendant's Crim.R. 32.1 motion to withdraw his guilty pleas: defendant sustained his burden of demonstrating a prejudicial deficiency in his trial counsel's advice concerning the removal consequence of his guilty pleas and thus demonstrated that withdrawal of the pleas was necessary to correct a manifest injustice. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).