STATE v. BARNES

No. 2021-0670.

222 N.E.3d 537 (2022)

172 Ohio St.3d 63

2022-Ohio-4486

The STATE of Ohio, Appellee, v. BARNES, Appellant.

Supreme Court of Ohio.

Decided December 15, 2022.


Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Frank Romeo Zeleznikar , Assistant Prosecuting Attorney, for appellee.

Milton & Charlotte Kramer Law Clinic, Case Western Reserve University School of Law, Andrew S. Pollis , and Joseph Shell , for appellant.

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, and Mathura J. Sridharan , Deputy Solicitor General, urging dismissal of the appeal as having been improvidently accepted for amicus curiae, Ohio Attorney General Dave Yost.


{¶ 1} This discretionary appeal asks us to determine whether a defendant in a criminal case has a reasonable and legitimate basis to withdraw his guilty plea when, before sentencing, he discovers evidence that (1) his attorney withheld from him and (2) would have negated his decision to plead guilty had he known about...

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