State v. Smith

The majority opinion of the Court of Appeals below stated that “* * * the trial judge abused his discretion in refusing to allow the * * * [defendant] to withdraw his plea of guilty.” We disagree.

The appellate court’s conclusion is premised upon its application of the principles of law announced in Cleveland v. Whipkey (1972), 29 Ohio App. 2d 79, and Boykin v. Alabama (1969), 395 U. S. 238. In Whipkey, it was held, inter alia, that knowing, intelligent and voluntary waivers of the rights to trial by jury, to confrontation of one’s accusers and against self-incrimination, mandated as necessary…