State v. Michie

Summary

The Ohio Tenth District Court of Appeals affirmed the denial of Tyrone Michie's postconviction motions to withdraw his guilty plea and vacate his sentence for lack of subject-matter jurisdiction. The court held that Michie's claims, including ineffective assistance of counsel and challenges to the search warrant, were barred by res judicata because they had been or could have been raised in earlier proceedings.

Holdings

1. Res judicata barred Michie's 2023 motions because they raised the same subject-matter-jurisdiction issue presented in his dismissed 2020 motion, which he did not appeal.
2. Res judicata barred Michie's 2023 ineffective-assistance claims because he had previously litigated, or could have previously litigated, the asserted grounds for counsel's ineffectiveness.

Questions Presented

1. Whether res judicata barred Michie's 2023 motions to withdraw his guilty plea based on ineffective assistance of counsel.
2. Whether res judicata barred Michie's 2023 motions to vacate or set aside his sentence for lack of subject-matter jurisdiction.
3. Whether the trial court erred by denying the motions without a hearing or by failing to correct an alleged manifest injustice.

Disposition

affirmed