literal wording rule in Ohio

2019The underlying purpose, from the defendant’s perspective, of Crim.R. 11(C) is to convey to the defendant certain information so that he can make a voluntary and intelligent decision whether to plead guilty.”’” State v. Barker, 129 Ohio St.3d 472 , 2011-Ohio-4130, ¶15 , quoting Veney, supra, at ¶18 , quoting Ballard, supra, at 479-480 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to 4 the defendant. ‘We cannot presume a waiver of these * * * important federal rights f

2011Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to the defendant. ‘We cannot presume a waiver of these * * * important federal rights from a silent record.’ Boykin, 395 U.S. at 243 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 .

2019Although the court may vary from the literal wording of the rule, “the court cannot simply rely on other sources to convey these rights to the defendant.” Id.

2019The underlying purpose, from the defendant’s perspective, of Crim.R. 11(C) is to convey to the defendant certain information so that he can make a voluntary and intelligent decision whether to plead guilty.”’” State v. Barker, 129 Ohio St.3d 472 , 2011-Ohio-4130, ¶15 , quoting Veney, supra, at ¶18 , quoting Ballard, supra, at 479-480 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to 4 the defendant. ‘We cannot presume a waiver of these * * * important federal rights f

2025“Crim.R. 11(C)(2)(c) requires the court to communicate this information so that the defendant can make an intelligent and voluntary decision whether to plead guilty.” Brinkman at 11 , citing State v. Miller, 2020-Ohio-1420, ¶ 18 , citing State v. Veney, 2008- Ohio-5200, ¶ 18. {¶ 13} “[A] trial court is required to strictly comply with Crim.R. 11(C)(2)(c) and…its failure to do so invalidates the plea.” Id. at ¶ 12, citing Veney at ¶ 32.” “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these

2019As a result, this Court finds that the trial court complied with Crim.R. 11(C) and Appellant’s plea was made knowingly, intelligently, and voluntarily and the first assignment of error is without merit. 4 See State v. Clinton, 6th Dist. No. E-17-069, 2018-Ohio-3509 , 2018 WL 4190788 , ¶ 13 (stating “although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey those rights to the defendant”), citing Veney, 120 Ohio St.3d 176 , 2008-Ohio-5200 , 897 N.E.2d 621 at ¶ 29 . {¶14} Because this Court determined

2019The underlying purpose, from the defendant’s perspective, of Crim.R. 11(C) is to convey to the defendant certain information so that he can make a voluntary and intelligent decision whether to plead guilty.”’” State v. Barker, 129 Ohio St.3d 472 , 2011-Ohio-4130, ¶15 , quoting Veney, supra, at ¶18 , quoting Ballard, supra, at 479-480 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to 4 the defendant. ‘We cannot presume a waiver of these * * * important federal rights f

2019The underlying purpose, from the defendant’s perspective, of Crim.R. 11(C) is to convey to the defendant certain information so that he can make a voluntary and intelligent decision whether to plead guilty.”’” State v. Barker, 129 Ohio St.3d 472 , 2011-Ohio-4130, ¶15 , quoting Veney, supra, at ¶18 , quoting Ballard, supra, at 479-480 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to 4 the defendant. ‘We cannot presume a waiver of these * * * important federal rights f

2019The underlying purpose, from the defendant’s perspective, of Crim.R. 11(C) is to convey to the defendant certain information so that he can make a voluntary and intelligent decision whether to plead guilty.”’” State v. Barker, 129 Ohio St.3d 472 , 2011-Ohio-4130, ¶15 , quoting Veney, supra, at ¶18 , quoting Ballard, supra, at 479-480 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to 4 the defendant. ‘We cannot presume a waiver of these * * * important federal rights f

2016Highland No. 15CA6, 2016-Ohio-63, ¶ 30-33 . {¶12} “Although the trial court may vary slightly from the literal wording of the rule in the colloquy, the court cannot simply rely on other sources to convey these rights to the defendant.” Veney at ¶ 29 .