State v. Amison
| Decision Date | 23 June 1965 |
| Citation | 2 Ohio App.2d 390,208 N.E.2d 769 |
| Parties | , 31 O.O.2d 594 The STATE of Ohio, Appellee, v. AMISON, Appellant. |
| Court | Ohio Court of Appeals |
Harry Friberg, Pros. Atty., and John H. Harpen, Toledo, for appellee.
Robert W. Penn, Toledo, for appellant.
This is an appeal by the defendant, Jesse Elmer Amison, from a judgment of conviction and sentence for the crime of assault with a dangerous weapon (Section 2901.241, Revised Code) entered on a plea of guilty which the trial court refused to permit the defendant to change.
Although there are many other facts and circumstances set forth in the record bearing on whether the change of plea should have been granted, the pertinent facts pertaining to the ultimate issues on this appeal are few.
It appears from the record that on December 17, 1964, the defendant was indicted for the alleged crime; that on December 22, 1964, he appeared with appointed counsel and entered a plea of not guilty; that on January 5, 1965, he appeared with appointed counsel and withdrew his plea of not guilty and entered a plea of guilty, the court thereupon referring the cause to the probation department for pre-sentence investigation and report; that on January 18th or 19th, 1965, prior to the date of January 20th when the trial on another charge against him had been assigned for hearing (our record being silent as to any assigned trial date as to the charge here in question), the court was advised that the defendant desired to withdraw his plea of guilty and enter a plea of not guilty; and that on January 27, 1965, upon hearing of this request the defendant was advised by the trial judge:
(Emphasis added.)
It then appears in the record that the defendant was questioned at length by the trial judge, without the intervention of his appointed counsel, as to what occurred at the time and place of the alleged crime on the basis of the court's knowledge of the testimony before the grand jury, the defendant denying or explaining away such matters as might tend to prove his guilt. Upon the conclusion of this interrogation he was advised by the court:
Thereupon, appointed counsel withdrew and the court subsequently appointed other counsel to prosecute this appeal. The defendant now assigns as error that (1) the court abused its discretion in overruling his motion to withdraw his plea of guilty and (2) that he was denied a fair hearing on such motion because the court used the grand jury minutes without making them available...
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State v. Leonard Jenkins
... ... discretion to accept a guilty plea after defendant has ... previously pled not guilty. Consequently, we can sustain this ... claimed error only if we find that the trial court's ... refusal was "arbitrary, unreasonable or ... capricious." Cf. State v. Amison (1965), 2 Ohio ... App.2d 390; State v. Jackson, supra ... In ... this case, the state would have presented much of the same ... evidence even if the court had accepted defendant's ... guilty and no contest pleas. Additionally, the court ... ...
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State v. Blatnik
...of the term "abuse of discretion" is applicable to a court's determination of a motion to withdraw a plea. State v. Amison (1965), 2 Ohio App.2d 390, 393, 208 N.E.2d 769 .2 This rule of construction "means the mention of one thing implies the exclusion of another," Green, Inc. v. Smith (197......
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State v. Buelow, 2007 Ohio 131 (Ohio App. 1/12/2007)
...been to return the transcript to the envelope, without reading it, and to seek permission from the court. {¶ 50} In State v. Amison (1965), 2 Ohio App.2d 390, 208 N.E.2d 769, the Sixth District Court of Appeals strongly admonished a trial judge who had read grand jury testimony before rulin......
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State v. Hart
...appellant must prove that the court's attitude was unreasonable, arbitrary or unconscionable. See State v. Amison (1965), 2 Ohio App.2d 390, 393, 31 O.O.2d 594, 596, 208 N.E.2d 769, 771. No evidence of such unreasonableness was offered by appellant. In contrast, he asserts only that the wit......