Does Inaccurate Advisement About Post-Release Control Invalidate Offender’s Guilty Plea?
State of Ohio v. Parris Boswell, Case no. 2007-2373 8th District Court of Appeals (Cuyahoga County) ISSUES: • Before accepting a guilty plea to a charge for which a term of post-release community control is mandatory, does a trial court “substantially comply” with the requirement that it advise the defendant of the maximum sentence he could receive by informing the defendant that, in addition to prison time, he “may be subject to post-release control?” • Does the doctrine of res judicata (to uphold as final legal matters that have been adjudicated) bar a trial court from granting a defendant‘s motion to withdraw his guilty plea under Ohio Criminal Rule 32.1 based on a non-constitutional defect in his plea advisement when the defendant failed to assert that claim either at the time he was sentenced or on direct appeal? BACKGROUND: In May 2000 Parris Boswell of Cleveland pleaded guilty to felony counts of aggravated burglary, aggravated robbery, felonious assault and having a firearm whi
