State v. Nickell

In State v. Nickell, 6th Dist. No. WD-07-015, 2008 Ohio 1571, the Court found that the defendant's plea was not knowing and voluntary -- mainly because we found error in the trial court's prior determination that the defendant was competent to stand trial. The defendant "continued to protest her innocence during both the plea and sentencing hearings, offering explanations which contradicted the state's evidence, and asking that the court talk to her doctor. Her comments and responses indicate that she did not understand that by pleading no contest, she was agreeing to the truth of the state's version of the facts, namely that she had intentionally hit the police officer." Id. at P 129. This conclusion, however, was due to the defendant's "mental illness and somewhat limited cognitive abilities" which caused her to be "unable to fully participate in her defense or to appreciate the ramifications of the no contest plea and subsequent conditions of sentencing." Id. at P 118.