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Ohio Supreme Court· 3/23/1977

State v. Smith

Citations

  • 49 Ohio St. 2d 261
  • 361 N.E.2d 1324
  • 3 Ohio Op. 3d 402
  • 1977 Ohio LEXIS 351

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • construing Criminal Rule 32.1, which allows a defendant to withdraw his plea after sentencing “to correct manifest injustice.”
  • \It is unnecessary for the State to demonstrate knowing waivers of rights when the appellee has not even raised these constitutional issues.\
  • the manifest-injustice standard “seeks to avoid the possibility of a defendant pleading guilty to test the weight of potential punishment”
  • the strict post-sentence withdrawal rule “seeks to avoid the possibility of a defendant pleading guilty to test the weight of potential punishment”
  • credibility, good faith, and weight are subjects for the trial court when ruling on the withdrawal motion
  • credibility, good faith, and weight are subjects for the trial court when ruling on the withdrawal motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Celebeezze, Herbert, Locher, Neill, Sweeney

Read full opinion on CourtListener

Cited by

657 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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