Wednesday, October 17, 2012

"No Contest" plea reversed (10 11 12)

Criminal Rule 11(E) requires a trial court to inform a defendant of the effect of their plea to a petty offense. The effect of a "no contest" plea is that "the plea of no contest is not an admission of defendant’s guilt, but is an admission of the truth of the facts alleged in the indictment, information or complaint, and the plea or admission shall not be used against the defendant in any subsequent civil or criminal proceeding." The municipal court judge failed to inform an East Cleveland defendant of the effect of her no contest plea so the plea was reversed and the case was remanded. City of East Cleveland v. Brown, 2012-Ohio-4722.

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