Crider v. Maxwell
| Citation | 187 N.E.2d 875,174 Ohio St. 190 |
| Decision Date | 06 February 1963 |
| Docket Number | No. 37827,37827 |
| Parties | , 22 O.O.2d 143 CRIDER v. MAXWELL, Warden. |
| Court | Ohio Supreme Court |
Willy S. Crider, in pro. per.
Mark McElroy, Atty. Gen., and John J. Connors, Jr., Columbus, for respondent.
The basic issue in this case is whether the trial court, by refusing to allow petitioner to withdraw his guilty pleas, so deprived him of his rights as to constitute grounds for release by habeas corpus.
As to change of plea, Section 2943.03, Revised Code, provides in part as follows:
'The court may, for good cause shown, allow a change of plea at any time before the commencement of the trial.'
The question raised by this section is whether the trial court abused its discretion. In the present case, petitioner was represented by counsel of his own choosing throughout the proceedings. This is not a case where an accused is rushed into a plea without counsel. Petitioner in the first instance pleaded not guilty, then some weeks later changed his pleas to guilty and subsequently attempted to again change his pleas to not guilty. The court on this motion gave petitioner a complete hearing, the testimony covering some 50 pages of a transcript. From this hearing, the court determined that no promises or inducements were offered petitioner to change his pleas to guilty, and the transcript shows that, after such change, petitioner admitted his guilt to three different court officers.
The allowance of a change of plea is within the sound discretion of the trial court, and, although such discretion should be liberally exercised in favor of the accused, it does not appear in the present situation that there was any abuse of discretion by the trial court. 4 Wharton's Criminal Law and Procedure, 777, Section 1908.
The petitioner urges that he was deprived of his constitutional rights by not having a preliminary hearing. It is his contention that failure to afford a preliminary hearing deprives an accused of being able to confront the state's witnesses and lay evidence before the court as to the degree of accused's guilt and deprives him of other constitutional rights. Such is not the purpose of the preliminary hearing. It is only to determine whether sufficient evidence exists to warrant binding an accused over to the grand jury to determine whether formal charges shall be placed against him. No rights or defenses are lost from a failure to have a preliminary hearing. In this respect, petitioner has been deprived of no constitutional right. Once an indictment has been returned, a plea to such indictment waives any right the accused has to a preliminary hearing. Annotation, 116 A.L.R. 550; 4 Wharton's Criminal Law and Procedure, 290, Section 1619.
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State v. Morris
...401; State v. Wilkinson, 17 Ohio St.2d 9, 244 N.E.2d 480; White v. Maxwell, 174 Ohio St. 186, 187 N.E.2d 878; and Crider v. Maxwell, 174 Ohio St. 190, 187 N.E.2d 875, approved and Likewise, in State, ex rel. Haynes, v. Powers (1969), 20 Ohio St.2d 46, 48, 254 N.E.2d 19, this court again rea......
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...for one to invoke the protection of the Constitution. State v. Cunningham, 171 Ohio St. 54, 167 N.E.2d 897, and Crider v. Maxwell, Warden, 174 Ohio St. 190, 187 N.E.2d 875. In other words, there can be no denial where there has been no demand. The purpose of Section 10, Article I is to prov......
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State v. Wigglesworth
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State v. Butler
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