State v. Meriwether

Summary

The Ohio Second District Court of Appeals affirmed Brice Taylor Meriwether’s convictions following his guilty plea to aggravated possession of drugs and misdemeanor OVI. The court rejected his arguments that the plea was not knowing, intelligent, and voluntary because he was not advised of its effect on appellate review of pretrial rulings, and that counsel was ineffective for permitting a guilty plea rather than a no-contest plea.

Holdings

1. A trial court is not required to specifically advise a defendant that a guilty plea waives the right to appeal pretrial rulings when the court otherwise complies with Crim.R. 11(C) and the record does not show confusion about the plea or appellate rights. Meriwether's plea was knowingly, intelligently, and voluntarily entered.
2. Meriwether failed to establish ineffective assistance of counsel because the record did not show that the State would have accepted a no-contest plea on the same terms, that counsel failed to advise him of the different appellate consequences, or that Meriwether would have rejected the plea offer if properly advised.

Questions Presented

1. Whether Meriwether's guilty plea was not knowingly, intelligently, and voluntarily entered because the trial court did not specifically advise him that a guilty plea would waive appellate review of its pretrial rulings.
2. Whether trial counsel rendered ineffective assistance by allowing Meriwether to enter a guilty plea rather than a no-contest plea.

Disposition

affirmed