Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Ohio opinions name it 1 courts 1998–2019 0 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Blatnikgreen1 sentence2002See, also, State v. Blatnik (1984), 17 Ohio App.3d 201 ("suffice it to say that an overwhelming authority of case law states that manifest injustice, as contemplated by the rule, does not, ipso facto result from counsel's erroneous advice concerning the sentence that will be imposed.") Rather, "[w]hen a petitioner submits a claim that his guilty plea was involuntary, a `record reflecting compliance with Crim.R. 11 has greater probative value' than a petitioner's self-serving affidavit. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Moore
green
2 sentences2019(Citations omitted.) Id. at 285 , citing State v. Moore, 99 Ohio App.3d 748, 754 , 651 N.E.2d 1319 (1st Dist. 1994). {¶17} “When a petitioner submits his claim that his guilty plea was involuntary, a ‘record reflecting compliance with Crim.R. 11 has greater probative value’ than a petitioner’s self-serving affidavit.” State v. Brehm, 3d Dist. 2019(Citations omitted.) Id. at 285 , citing State v. Moore, 99 Ohio App.3d 748, 754 , 651 N.E.2d 1319 (1st Dist. 1994). {¶17} “When a petitioner submits his claim that his guilty plea was involuntary, a ‘record reflecting compliance with Crim.R. 11 has greater probative value’ than a petitioner’s self-serving affidavit.” State v. Brehm, 3d Dist. | 5 | 1998–2019 |
State v. Saylor
green
2 sentences2004State v. Brehm ([July 18,] 1997), * * * Seneca App. No. 13-97-05 * * *, following State v. Moore (1994), 99 Ohio {¶ 8} App.3d 748, 749, 753 * * *." State v. Saylor (1998), 125 Ohio App.3d 636 , 641 . 1 {¶ 9} In this case, to establish a need for an evidentiary hearing on his motion, Skaggs needed to provide sufficient evidence to demonstrate a manifest injustice. 2002State v. Brehm (1997), 1997 Ohio App. LEXIS 3125 , Seneca App. No. 13-97-05, unreported, following State v. Moore (1994), 99 Ohio App.3d 748 , 749 , 753 , 651 N.E.2d 1319 ." State v. Saylor (1998), 125 Ohio App.3d 636 , 641 . | 2 | 2002–2004 |
State v. Swortcheck
green
2 sentences1998Appellant cites State v. Swortcheck (1995), 101 Ohio App.3d 770 , 656 N.E.2d 732 , in support of the proposition that the trial court must accept affidavits submitted in postconviction relief as true. 1998Appellant cites to State v. Swortcheck (1995), 101 Ohio App.3d 770 , in support of the proposition that the trial court must accept affidavits submitted in postconviction relief as true. | 2 | 1998–1998 |
State v. Kapper
green
2 sentences2019Seneca No. 13-97-05, 1997 WL 401824 , *1 (July 18, 1997) (reviewing a petition for post- conviction relief wherein the defendant argued the ineffective assistance of his counsel rendered his guilty plea involuntary), quoting State v. Kapper, 5 Ohio St.3d 36, 38 , 448 N.E.2d 823 (1983) (holding that “[t]he dialogue between court and defendant envisioned by Crim.R. 11 is substantively meaningful.”). “[E]vidence [dehors] the record in the form of a petitioner’s own conclusory statements is not sufficient to compel an evidentiary hearing when the record fails to corroborate the petitioner’s allega 2019Seneca No. 13-97-05, 1997 WL 401824 , *1 (July 18, 1997) (reviewing a petition for post- conviction relief wherein the defendant argued the ineffective assistance of his counsel rendered his guilty plea involuntary), quoting State v. Kapper, 5 Ohio St.3d 36, 38 , 448 N.E.2d 823 (1983) (holding that “[t]he dialogue between court and defendant envisioned by Crim.R. 11 is substantively meaningful.”). “[E]vidence [dehors] the record in the form of a petitioner’s own conclusory statements is not sufficient to compel an evidentiary hearing when the record fails to corroborate the petitioner’s allega | 1 | 2019–2019 |