[Cite as State v. Cruse,
2023-Ohio-2147.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO C.A. No. 30243
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
JOHN WILLIAM CRUSE COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
Appellant CASE No. CR 18 0 1301
DECISION AND JOURNAL ENTRY
Dated: June 28, 2023
HENSAL, Presiding Judge.
{¶1} John William Cruse appeals an order of the Summit County Court of Common
Pleas that denied his post-sentence motion to withdraw his guilty plea. This Court affirms.
I.
{¶2} On June 26, 2018, Mr. Cruse entered a guilty plea pursuant to North Carolina v.
Alford, 400 U.S. 25, 38 (1971), to two charges of aggravated arson. Within hours, and before the
trial court imposed sentence, Mr. Cruse indicated that he wanted to withdraw that plea, but the trial
court denied the motion. The trial court sentenced him to an eight-year prison term. Mr. Cruse
appealed, and this Court affirmed his convictions. State v. Cruse, 9th Dist. Summit No. 29140,
2019-Ohio-1223. On June 27, 2019, Mr. Cruse petitioned the trial court for postconviction relief.
The trial court denied his petition without a hearing.
{¶3} On July 7, 2021, Mr. Cruse moved to withdraw his guilty plea under Criminal Rule
32.1, arguing that because trial counsel was ineffective, he did not enter his plea knowingly,
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voluntarily, and intelligently. The trial court denied his motion. Mr. Cruse appealed, raising three
assignments of error for this Court’s review. His assignments of error are rearranged for ease of
disposition.
ASSIGNMENT OF ERROR II
THE TRIAL COURT ERRED IN DETERMINING THAT CRUSE’S
CONSTITUTIONAL CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL
COUNSEL WAS BARRED BY RES JUDICATA.
{¶4} Mr. Cruse’s second assignment of error argues that the trial court erred by
concluding that his motion to withdraw his plea was barred by res judicata. This Court does not
agree.
{¶5} “A motion to withdraw a plea of guilty … may be made only before sentence is
imposed; but to correct manifest injustice the court after sentence may set aside the judgment of
conviction and permit the defendant to withdraw his or her plea.” Crim.R. 32.1. Post-sentence
relief under Criminal Rule 32.1 is only available in extraordinary cases characterized by “a
fundamental flaw in the plea proceedings resulting in a miscarriage of justice.” State v. Straley,
159 Ohio St.3d 82,
2019-Ohio-5206, ¶ 14. Res judicata bars the assertion of claims against a
judgment of conviction in a motion under Rule 32.1 when those claims were or could have been
raised on direct appeal. Straley at ¶ 15, 23; State v. Ketterer,
126 Ohio St.3d 448, 2010-Ohio-
3831, ¶ 59. This Court reviews a decision to grant or deny a motion to withdraw a plea for an
abuse of discretion. See State v. Smith,
49 Ohio St.2d 261 (1977), paragraph two of the syllabus.
{¶6} In support of his motion to withdraw his guilty plea, Mr. Cruse argued that, as a
result of trial counsel’s ineffective assistance, his guilty plea was not knowing, intelligent, and
voluntary. Specifically, he argued that he was pressured to plead guilty because trial counsel failed
to file a motion to suppress and failed to adequately represent him during pretrial and plea
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proceedings. He also suggested that trial counsel provided false and misleading information
regarding his potential sentence during plea negotiations. Each of Mr. Cruse’s arguments, as
articulated in his motion, could have been raised on direct appeal. See, e.g., State v. Long, 9th
Dist. Lorain No. 21CA011804, 2022-Ohio-3096, ¶ 21; State v. Baker, 9th Dist. Summit No. 27937,
2016-Ohio-8026, ¶ 25. Accordingly, the trial court did not abuse its discretion by concluding that
Mr. Cruse’s arguments were barred by res judicata and by denying his motion to withdraw his
guilty plea. Mr. Cruse’s second assignment of error is overruled.
ASSIGNMENT OF ERROR I
THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT DENIED
CRUSE’S POST-SENTENCE MOTION TO WITHDRAW GUILTY PLEA AND
VACATE CONVICTION PURSUANT TO OHIO CRIMINAL RULE 32.1
WHERE CRUSE WAS DENIED HIS SIXTH AMENDMENT RIGHT TO THE
EFFECTIVE ASSISTANCE OF TRIAL COUNSEL, RESULTING IN A PLEA
THAT WAS NOT KNOWING, INTELLIGENT, AND VOLUNTARY.
{¶7} In his first assignment of error, Mr. Cruse argues that the trial court erred by
denying his motion to withdraw his guilty plea because trial counsel was ineffective. This
assignment of error reiterates the arguments made in his motion and, in light this Court’s resolution
of his second assignment of error, Mr. Cruse’s first assignment of error is moot. See App.R.
12(A)(1)(c).
ASSIGNMENT OF ERROR III
THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT DENIED
CRUSE’S MOTION TO WITHDRAW GUILTY PLEA AND VACATE
CONVICTION PURSUANT TO OHIO CRIM.R. 32.1 WITHOUT HOLDING A
HEARING.
{¶8} Mr. Cruse’s third assignment of error is that the trial court erred by denying his
motion to withdraw his guilty plea without first conducting a hearing. This Court does not agree.
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{¶9} When a defendant moves to withdraw a plea before sentencing, the trial court must
conduct a hearing in order to determine whether there is “a reasonable and legitimate basis” for
the motion. State v. Xie, 62 Ohio St.3d 521 (1992), paragraph one of the syllabus. When a
defendant moves to withdraw a plea after sentencing, however, a hearing is not required when the
record demonstrates that arguments in support of the motion are barred by application of res
judicata. See State v. West, 9th Dist. Summit No. 28668,
2017-Ohio-8474, ¶ 14.
{¶10} The record in this case demonstrated that Mr. Cruse’s claims were barred by
application of res judicata, and the trial court did not abuse its discretion by denying his motion to
withdraw his guilty plea without a hearing. Mr. Cruse’s third assignment of error is, therefore,
overruled.
III.
{¶11} Mr. Cruse’s assignments of error are overruled. The judgment of the Summit
County Court of Common Pleas is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period
for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to
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mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the
docket, pursuant to App.R. 30.
Costs taxed to Appellant.
JENNIFER HENSAL
FOR THE COURT
STEVENSON, J.
FLAGG LANZINGER, J.
CONCUR.
APPEARANCES:
JOHN WILLIAM CRUSE, pro se, Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant
Prosecuting Attorney, for Appellee.
