State v. McNeil

In State v. McNeil (2001), 146 Ohio App.3d 173, 765 N.E.2d 884, the appellant McNeil filed a motion to withdraw his guilty plea two days before sentencing. On the day of sentencing, a brief hearing was held with the court considering comments from McNeil's attorney. The court reviewed McNeil's responses to the Crim.R. 11 colloquy and questioned McNeil about the voluntariness of his plea. McNeil admitted he had signed the plea agreement voluntarily although he felt he had a good case. The court overruled the motion and proceeded with sentencing. On review, the First District noted that "although an extensive hearing was not held on McNeil's motion to withdraw his plea, we cannot say that the trial court abused its discretion. The scope of the hearing to be held on a motion to withdraw a plea should reflect the substantive merit of the motion itself." Id. at 176. The court continued, explaining that "bold assertions without evidentiary support simply do not merit the type of scrutiny that substantiated allegations would merit." Id. Finding that McNeil's motion contained nothing more than claims of innocence without evidentiary support, the court held that the trial court had not abused its discretion in denying McNeil's motion.