State v. William A. Hiatt

• Decision Date: 15 July 1996
• Docket Number: 96-LW-3317,94 CA 578
• Parties: STATE OF OHIO, Plaintiff-Appellee v. WILLIAM A. HIATT, Defendant-Appellant Case
• Court: Ohio Court of Appeals

STATE OF OHIO, Plaintiff-Appellee v. WILLIAM A. HIATT, Defendant-Appellant

No. 94 CA 578.

96-LW-3317 (4th)

Court of Appeals of Ohio, Fourth District Adams

July 15, 1996

COUNSEL FOR APPELLANT: Thomas S. Hodson, Eslocker, Hodson & Oremus Co., L.P.A., 16 W. State Street, Athens, Ohio 45701.^[1]

COUNSEL FOR APPELLEE: Rocky A. Coss, Special Prosecuting Attorney 149 East Main Street, Hillsboro, Ohio 45133.

DECISION

ABELE P.J.

This is an appeal from a judgment of conviction and sentence entered by the Adams County Common Pleas Court. William A Hiatt, defendant below and appellant herein, entered a guilty plea to one count of kidnapping in violation of R.C 2905.01(A)(5).

Appellant assigns the following errors:

FIRST ASSIGNMENT OF ERROR:

"THE TRIAL COURT ERRONEOUSLY DENIED THE DEFENDANT HIS RIGHTS TO A SPEEDY TRIAL PURSUANT TO OHIO REVISED CODE SECTION 2945.71, ARTICLE I, SECTION X OF THE OHIO CONSTITUTION AND THE SIXTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES."

SECOND ASSIGNMENT OF ERROR:

"THE TRIAL COURT ERRED IN DENYING DEFENDANT'S PRO SE MOTION TO VACATE HIS SENTENCE PURSUANT TO OHIO REVISED CODE SECTION 2953.21."

THIRD ASSIGNMENT OF ERROR:

"A GUILTY PLEA ENTERED BY THE DEFENDANT WAS ERRONEOUSLY ACCEPTED BY THE TRIAL COURT SINCE SUCH PLEA WAS COERCED AND WAS NOT KNOWINGLY AND VOLUNTARILY OFFERED."

FOURTH ASSIGNMENT OF ERROR:

"THE TRIAL COURT ERRED IN DENYING THE DEFENDANT HIS CONSTITUTIONAL RIGHTS UNDER THE FIFTH AND SIXTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AS IT APPLIES TO THE STATES THROUGH THE FOURTEENTH AMENDMENT."

FIFTH ASSIGNMENT OF ERROR:

"THE DEFENDANT'S 773 DAY INCARCERATION IN A COUNTY JAIL PRIOR TO TRIAL CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT PURSUANT TO THE EIGHTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES AS IT APPLIES TO THE STATES THROUGH THE FOURTEENTH AMENDMENT."

SIXTH ASSIGNMENT OF ERROR:

"THE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL AND THE TRIAL COURT SHOULD NOT HAVE ACCEPTED THE DEFENDANT'S GUILTY PLEA."

On October 17, 1991, the Adams County Grand Jury indicted appellant on one count of kidnapping in violation of R.C. 2905.01(A),(5) and one count of assault in violation of R.C. 2903.13(A). On November 26, 1991, appellant waived extradition from Florida to Ohio to answer the charges.

On April 12, 1992, the Adams County Sheriff filed a return indicating he had executed the arrest warrant against appellant. The return indicated a mileage fee of $692.30.

On April 13, 1992, the trial court arraigned appellant and appointed attorney Jeffry D. Ferguson to represent him. At the arraignment hearing, the prosecutor mentioned that appellant was then "under charges in the State of Florida, and that he simply waived time and agreed to come back here pursuant to our indictment and must return to Florida to deal with those charges."

On June 23, 1992, the trial court set the matter for a four-day trial beginning on July 13, 1992. Three days later, appellant moved for a continuance of the trial date. In a memorandum accompanying the motion, appellant's attorney explained that more than a year ago he had planned a vacation for the dates set for trial. On July 1, 1992, the trial court held a hearing on the motion for a continuance. At the hearing, appellant agreed to waive speedy trial time.

On August 17, 1992, appellant filed a motion "suggesting mental incompacity" and a motion to enter a plea of not guilty by reason of insanity. on August 31, 1992, the trial court set the motions for hearing on September 3, 1992. On September 8,, 1993, the trial court ordered an evaluation of appellant's mental condition at the time of the offense and ordered an evaluation of appellant's competence to stand trial.

On October 13, 1992, the trial court held a hearing on the competency and insanity issues. As a result of the Shawnee Forensic Center report, appellant withdrew his not guilty by reason of insanity plea and stipulated that he was competent to stand trial. On October 29, 1992, the trial court entered judgment finding appellant to be competent and permitting him to withdraw his not guilty by reason of insanity plea.

On October 20, 1992, the assignment commissioner scheduled a November 18, 1992 trial date.

On October 30, 1992, Jeffry D. Ferguson filed a motion to withdraw as appellant's counsel. Ferguson explained that because the trial court had appointed him court referee for purposes of domestic relations cases, he could no longer represent appellant before the trial court. On November 4, 1992, the trial court filed an entry permitting Ferguson to withdraw. On November 6, 1992, the trial court held a hearing on the matter of appointing new counsel for appellant. On November 9, 1992, the trial court appointed the State Public Defender to represent appellant.

On November 13, 1992, Assistant State Public Defender Kort Gatterdam entered an appearance as counsel for appellant and moved for a continuance of the November 18, 1992 trial date. On November 16, 1992, the trial court changed the trial date to March 8, 1993.

On February 3, 1993, the Adams County Prosecuting Attorney notified the trial court that he is disqualified from prosecuting the action and asked the trial court to appoint a special prosecutor. Later that same day, the trial court appointed Rocky Coss as special prosecutor.

On February 19, 1993, appellant filed an affidavit of disqualification in the Ohio Supreme Court stating that Judge Elmer Spencer should be removed from the case due in part to Judge Spencer's findings in the juvenile court permanent custody case involving appellant's children. On February 23, 1993, the Ohio Supreme Court sent a letter to Judge Spencer stating that "you should not proceed with the case until the Chief Justice has passed upon the issue of disqualification."

On March 3, 1993, appellant moved for a continuance of the March 8, 1993 trial case, noting that the Ohio Supreme Court has ordered that the case cannot proceed until the disqualification issue is resolved. On March 5, 1993, the trial court granted appellant's motion to continue, noting that speedy trial time for the period of the continuance would be charged to appellant.

On June 21, 1993, appellant filed a pro se affidavit of prejudice with the Ohio Supreme Court seeking the disqualification of Judge Elmer Spencer. On July 8, 1993, the Ohio Supreme Court sent a letter to Judge Spencer stating that "you should not proceed with the case until the Chief Justice has passed upon the issue of disqualification."

On July 22, 1993, appellant filed a motion to reduce his bond. In the memorandum in support of the motion, appellant alleged in pertinent part as follows:

"In the instant case, Mr. Hiatt has been in jail since October, 1991. He has been incarcerated 21 months awaiting trial. During that time, his father had died and Mr. Hiatt's health has worsened. He has continually needed medical treatment some of which has been provided and some of which has not. He has cataracts in one eye and likely will have cataracts in his other eye. He has two ingrown toenails, a possibly cancerous cyst on his back and frequent swelling of his knees. Due to his incarceration, Mr. Hiatt is unable to assist counsel in the investigation of his two pending cases.

Furthermore, he is locked in his cell 24 hours a day with no exercise or recreation. Prisoners at state institutions, who no longer enjoy the presumption of innocence, receive more freedom than Mr. Hiatt has. The Adams County jail is simply not equipped to handle inmates for long periods of time. The continued incarceration of Mr. Hiatt under these conditions amounts to a violation of his Eighth Amendment right against cruel and unusual punishment."

On August 6, 1993, Chief Justice Thomas J. Moyer of the Ohio Supreme Court granted appellant's February 19, 1993 affidavit of disqualification and ordered Judge Elmer Spencer not to participate in the case. The Ohio Supreme Court apparently appointed Judge Gordon E. Bevens to hear the case.^[2] We note that on October 27, 1993, the Ohio Supreme Court denied appellant's June 21, 1993 pro se affidavit of prejudice.

On September 7, 1993, the assignment commissioner set the case for telephone pretrial on September 15, 1993. on September 23, 1993, the assignment commissioner set the case for motion hearing on November 5, 1993 and for trial beginning on December 20, 1993.

At the November 5, 1993 motion hearing, the court considered appellant's motion in limine, motion for payment of medical expenses, motion for inspection of records, and motion for reduction of bond. Appellant testified about the conditions in the Adams County Jail. Appellant's attorney argued that two years was too long a time to spend in a county jail awaiting trial.

On December 17, 1993, the trial court held a hearing in this case and in a second Adams County case against appellant. At the hearing, the parties announced that they had reached a plea agreement whereby appellant would plead guilty to the first count of each indictment and the remaining counts of those two indictments and the Florida charges would be dismissed.

On January 5, 1994, the trial court entered judgment accepting appellant's guilty plea in this case to the charge of kidnapping in violation of R.C. 2905.01(A)(5) and accepting appellant's guilty plea in the other case to the charge of gross sexual imposition in violation of R.C. 2907.05. The trial court sentenced appellant to four to fifteen years in prison on the kidnapping count in this case and a one year definite term on the gross sexual imposition count in the other case, and ordered the sentences to be served consecutively. The trial court gave appellant credit for the seven hundred seventy-three days he spend in...