ANNIE YAMSON
Daily Reporter
The Second District Court of Appeals recently affirmed the judgment of the Clark County Court of Common Pleas in a case that involved the death of a man who planned a robbery with his friends.
James Adams appealed the lower court’s decision to deny his motion to withdraw his guilty pleas to aggravated robbery and involuntary manslaughter, for which he received a sentence of 16 years in prison.
According to Adams, the trial court erred when it failed to conduct a hearing on his motion and make findings of fact and conclusions of law in the order overruling his motion.
He also argued that he received ineffective assistance of counsel, but that argument was barred by res judicata.
Case summary states that Adams, Dejuan Kemp, William Bibbs and Nicholas McQuirt planned the aggravated robbery of Jeremy Turner in 2002.
On Sept. 24, 2002, Kemp and Turner met at an elementary school and Kemp drove Turner to the parking lot of a church on the pretext that they were to conduct a drug transaction there.
Adams, Bibbs and McQuirt were hiding at the church when Kemp and Turner arrived.
In accordance with the plan, Kemp led Turner to the trunk of the car in order to show him the drugs.
But when Kemp opened the trunk, Adams, Bibbs and McQuirt rushed from their hiding place and approached Turner to rob him of the money they believed he had brought to buy the drugs.
Kemp feigned surprise and fled on foot.
Adams produced a gun and pointed it at Turner while Bibbs and McQuirt “assaulted Turner about his head and body with their fists.”
During the attack, Turner drew a firearm that he had concealed in his waistband and fired three shots toward his attackers. McQuirt was struck in the right chest area.
Adams, Bibbs and McQuirt fled the area on foot but McQuirt eventually collapsed and died as a result of his wound.
Kemp later returned to the church parking lot and retrieved his vehicle.
Adams, Bibbs and Kemp were jointly indicted on two counts of murder, one count of aggravated robbery, one count of robbery and one count of tampering with evidence.
All of the counts included firearm specifications. Turner was also indicated in a separate case.
Initially, Adams pleaded not guilty to the charges, but eventually all three defendants entered into an agreement with the state and pleaded guilty to involuntary manslaughter and aggravated robbery.
Since his conviction, Adams has filed three postconviction motions for judicial release, all of which have been denied.
In March of this year, he filed a motion to withdraw his guilty plea contending that his plea was not made knowingly, intelligently or voluntarily and that he was deprived of effective assistance of counsel.
Without conducting a hearing, the Clark County court issued a ruling denying Adams’ motion and made specific findings that Adams was represented by competent counsel and understood his rights.
In his appeal of that decision, Adams argued that the trial court was required to make findings of fact and conclusions of law in its final judgment. The court of appeals disagreed.
“Initially, we note that although the entry denying Adams’ motion did not use titles to separate and designate ‘findings of fact’ and ‘conclusions of law,’ the trial court did in fact explain the basis upon which it decided that Adams was not entitled to withdraw his plea,” wrote Judge Mike Fain on behalf of the district’s appellate panel.
Fain also noted that the trial court was not required to issue findings or conclusions when ruling on a motion to withdraw a plea.
Adams went on to argue that the trial court erred because it was required to hold a hearing on his motion.
“We have explained that an evidentiary hearing on a motion to withdraw is only necessary when the movant demonstrates a ‘reasonable likelihood’ that a withdrawal of the plea is required to correct a ‘manifest injustice,’” wrote Fain.
To demonstrate a manifest injustice, Fain explained that the defendant must provide evidence that reveals a “fundamental flaw in the path of justice so extraordinary that the defendant could not have sought redress from the resulting prejudice through another form of application.”
The appellate panel found that Adams did not cite any specific flaw in the proceedings that he was prevented from raising in any of his other postconviction motions.
“Accordingly, Adams has not met his burden of demonstrating the existence of manifest injustice, which he was required to meet before being entitled to an evidentiary hearing,” Fain concluded.
The judgment of the Clark County court was affirmed with Presiding Judge Jeffrey Froelich and Judge Michael Hall joining Fain to form the majority.
The case is cited State v. Adams, 2014-Ohio-5359.