Was Guilty Plea ‘Knowing’ When Sentencing Court Misinformed Defendant About Post-Release Control?

State of Ohio v. Ralph E. Clark, Case nos. 2007-0983 and 2007-1047 11th District Court of Appeals (Ashtabula County) ISSUE: Was a defendant’s guilty plea to an offense that carries a life sentence “knowing, intelligent and voluntary” when the sentencing court misinformed the defendant that upon release from prison he would be subject to a maximum of five years of post-release control and subject to reincarceration for a maximum of nine months for any violation of post-release control when, in fact, the defendant was eligible only for lifetime parole during which any parole violation would result in his reincarceration for life? BACKGROUND: Under Ohio’s Rules of Criminal Procedure, a trial court may not accept a guilty plea from a criminal defendant without personally addressing the defendant and determining, among other things, that he/she “is making the plea voluntarily, with understanding of the nature of the charges and the maximum penalty involved ... ” In January 2006, Ralph ...  more