State v. Burch, Unpublished Decision (9-30-2004)
State v. Burch, Unpublished Decision (9-30-2004)
Opinion of the Court
{¶ 2} Appellant sets forth the following assignments of error:
{¶ 3} "1. The trial court failed to recognize that the Defendant's confession was induced by the false promises of law enforcement personnel.
{¶ 4} "2. The trial court erred when it refused to give the Defendant a hearing on his post conviction relief motion.
{¶ 5} "3. The trial court failed to ask the Defendant if his confession was voluntary transcript p. 11 through p. 20."
{¶ 6} On March 27, 2003, appellant entered guilty pleas to four counts of arson and eleven counts of breaking and entering. Appellant had previously confessed to committing the offenses. The trial court accepted the pleas, found appellant guilty on all counts, and sentenced him to a total of 17 years incarceration. Appellant did not appeal that judgment, but on September 15, 2003, he filed a petition for postconviction relief pursuant to R.C.
{¶ 7} By way of this appeal, appellant appears to be asserting, first, that the trial court should have granted a hearing on the petition and, secondly, that after granting a hearing, the trial court should have found that his confession was coerced by law enforcement officials. We will begin by addressing appellant's second assignment of error, which raises the issue of the trial court's denial of a hearing on the petition.
{¶ 8} In his second assignment of error, appellant asserts that the trial court should have granted a hearing because his affidavit and that of Deputy Vandemark, the officer who investigated the offenses for which appellant was convicted and to whom appellant confessed, were "divergent on several counts."
{¶ 9} Pursuant to R.C.
{¶ 10} In his affidavit filed in support of his petition, appellant made various allegations of improper conduct by law enforcement which he claimed was intended to induce his confession. Appellant claimed in his affidavit that he was placed in a maximum security confinement in order to induce him to cooperate with authorities; that he was told by a detective that he would be charged with first degree felonies unless he confessed; and that he was paid cash and promised his own television set in prison in exchange for a confession.
{¶ 11} This court finds preliminarily that, in compliance with R.C.
{¶ 12} The trial court in this case reviewed the memoranda of the parties and the evidence submitted with appellant's petition, considered the applicable law, and found that there did not exist substantive grounds for relief and that a hearing was not required. A review of the trial court's judgment entry shows that the court was thorough in its analysis and did not abuse its discretion. The trial court addressed each of appellant's claims and then found that the petition should be dismissed pursuant to R.C.
{¶ 13} In his first assignment of error, appellant asserts that the trial court "failed to recognize" that his confession was induced by the false promises of law enforcement personnel. The denial of a petition for postconviction relief is reviewed under an abuse of discretion standard. State v. Watson (1998),
{¶ 14} Although the trial court did not find in appellant's favor, it is clear from the judgment entry that the court directly addressed the issue. In its judgment entry denying appellant's petition, the trial court made it clear that it had considered all of the evidence before it in light of appellant's claims of coercion. The trial court considered the petition, the supporting affidavits of appellant and the investigating officer, the transcript of appellant's plea hearing, and the rest of the files and records pertaining to this case. The court explained in its judgment entry that appellant's new claims simply were not credible in light of his statements made in court at the time of his sentencing and his actions thereafter, including corresponding with one of the investigating officers on his case. Accordingly, appellant's first assignment of error is not well-taken.
{¶ 15} In his third assignment of error, appellant asserts that the trial court failed to ask him if his confession was voluntary. This claimed error appears to be in reference to the hearing held March 27, 2003, at which appellant entered his guilty pleas, waived his right to indictment and his right to trial by jury, and was sentenced. However, whether the trial court inquired at sentencing as to the voluntariness of appellant's confession is an issue which clearly could have been raised on direct appeal but was not. In general, matters which were or could have been raised on direct appeal may not be considered in postconviction proceedings, as such matters are res judicata. State v. Ishmail (1981),
{¶ 16} On consideration whereof, this court finds that substantial justice was done the party complaining and the judgment of the Wood County Court of Common Pleas is affirmed. Pursuant to App.R. 24, costs of this appeal are assessed to appellant.
Judgment Affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Handwork, P.J., Singer, J., Knepper, J., Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.