State v. Hughley
Citations
- 2022 Ohio 943
Syllabus
Motion to withdraw plea competency R.C. 2967.271 Reagan Tokes Law constitutionality. A trial court does not abuse its discretion when it denies a motion to withdraw guilty plea where the defendant was 1) represented by competent counsel, 2) advised of his rights pursuant to Crim.R. 11, 3) given notice and an opportunity to be heard, and 4) the trial court gave full and fair consideration to the motion. Where the motion was filed almost four months after the plea and alleged that the defendant's competency had deteriorated in recent weeks, the motion to withdraw will be found to be a mere change of heart unless there is evidence that the defendant was incompetent at the plea hearing. The record did not support a finding that the defendant was incompetent to enter a plea where he had reviewed the discovery, understood the charges against him and elected to plead guilty anyway. The trial court therefore did not abuse its discretion when it denied the motion to withdraw his plea. Defendant's sentence under the Reagan Tokes Law is not unconstitutional.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “the perpetrator of a crime may inflict such grievous injury on a victim that the victim’s ability to testify will be severely constrained” and to exclude the victim’s testimony “imposes a particular hardship on the victim”
- “the perpetrator of a crime may inflict such grievous injury on a victim that the victim’s ability to testify will be severely constrained” and to exclude the victim’s testimony “imposes a particular hardship on the victim”
- applying both art. 114 and Title II of ADA
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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