State v. Spurling

Citations

• 2021 Ohio 3748

Syllabus

CRIM.R. 32.1— POSTCONVICTION—LAW OF THE CASE: The common pleas court erred in reviewing and dismissing the postsentence motion to withdraw a guilty plea under R.C. 2953.21 et seq., governing the proceedings on a petition for postconviction relief, when the movant unambiguously invoked Crim.R. 32.1 and argued that vacating his conviction upon his unknowing, involuntary, and unintelligent guilty plea was necessary to correct a manifest injustice. The common pleas court properly declined to grant the relief sought in the Crim.R. 32.1 motion to withdraw movant's guilty plea: under the doctrine of the law of the case, the decisions of the court of appeals in the direct appeal and in the appeal from the dismissal of a postconviction petition constrained the common pleas court from granting relief on the grounds advanced in the Crim.R. 32.1 motion.