State v. Francis
Ohio Supreme Court
1Concurring in part, dissenting in partO’Donnell, J.
{¶ 78} I concur with those portions of the majority opinion that “require a criminal defendant who seeks to withdraw a plea to do so in a timely fashion rather than delaying for an unreasonable length of time,” and I also concur with the majority’s adoption of a substantial-compliance standard for evaluating a motion to withdraw a plea filed pursuant to R.C. 2943.03(D). However, I respectfully dissent from the portion of the majority’s decision remanding this matter to the trial court to conduct a further hearing on Francis’s original motion to withdraw.
{¶ 79} In my view, the timeliness of an…
2Cases cited10 opinions
- State v. StewartOhio Supreme Court · 1977
- Douglas Fruchtman v. Frank Kenton, WardenCourt of Appeals for the Ninth Circuit · 1976
- Frank E. Bachner v. United States of America, (Two Cases). United States of America v. Frank E. BachnerCourt of Appeals for the Seventh Circuit · 1975
- United States v. Joseph J. MaggioCourt of Appeals for the Fifth Circuit · 1975
- Garth McRae v. United StatesCourt of Appeals for the Eighth Circuit · 1976
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