Smith v. Anderson

OPINION

BELL, District Judge.

In this habeas case, Petitioner-Appellant Shawn Smith asks us to allow him to withdraw his plea of guilty or to remand his case for resentencing on the basis of a broken promise by the State of Ohio. Though made during plea negotiations, the promise was not contained in the fully integrated, written plea agreement; Petitioner disavowed the existence of the promise in open court; and Petitioner appears not to have even known about the promise until well after his plea was entered. Because this Court declines to hold that failing to enforce such a promise is an…