Articles Posted in Supreme Court of Ohio

by
Defendant, a legal resident of the United States, was indicted on two counts of robbery. Defendant admitted sufficient facts to warrant a finding of guilt in order to enroll in a diversion program. Defendant later moved to vacate his plea, arguing that his admission of guilt operated as a conviction under federal law and that the trial court erred by failing to provide him the advisement contained in Ohio Rev. Code 2943.031(A), which requires courts to alert noncitizens that a guilty plea or no-contest plea may affect their immigration status. The trial court denied Defendant’s motion. The court of appeals affirmed. The Supreme Court reversed, holding (1) section 2943.031(A) required the trial court to advise Defendant that his admission of guilt made for purposes of entering into the pretrial diversion program may affect his immigration status; and (2) because the trial court failed to give that advisement, the trial court must vacate the dismissal of the case against Defendant and vacate the admission of guilt executed as part of the pretrial diversion program process. Remanded. View "State v. Kona" on Justia Law