Opinion

State v. Strawther

  • 56 Ohio St. 2d 298
  • 10 Ohio Op. 3d 420
  • 383 N.E.2d 900
  • 1978 Ohio LEXIS 694
Court
Ohio Supreme Court
Filed
Dec 7, 1978
Status
Published
Author
Leach
On the bench
Brown, Celbbeezze, Cook, Eleventh, Herbert, Leach, Locher, Sweeney
Cited by
18 cases
Authority
More cited than 15.1%

stating that use of term “compulsory process” sufficient to explain the right

How later courts described this case

  • stating that use of term “compulsory process” sufficient to explain the right

Written by the judges who cited it.

The opinion

Leach, C. J.,

concurring. On the basis that the underlying purpose of Crina. R. 11 is to enable the trial court on the record, “to determine fully the defendant’s understanding of the consequences of his plea of guilty,” (see paragraph two of the syllabus of State v. Caudill, 48 Ohio St. 2d 342 ), I would modify the rule of law announced in paragraph three of the syllabus of Caudill to read:

“The requirements of Crim. R. 11(2) (C) are not satisfied merely by a written statement of the defendant or by representations of his counsel.”

Here that basic purpose and the reason for the rule has been fully complied with in the oral dialogue between the court and the defendant himself.

P. BrowN, J., concurs in the foregoing concurring opinion of Leach, C. J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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