Crangle v. Kelly

Crangle agreed to plead guilty to rape with a recommended sentence of life imprisonment and parole eligibility after 10 years. Crangle acknowledged, “I have been informed that . . . after my release from prison I [May__ or Will__] be supervised under post-release control, R.C. 2967.28, which could last up to 5 years,” with a checkmark after “Will.” At the sentencing hearing, the judge and Crangle’s attorney incorrectly informed him that he would be subject to “straight parole” and not post-release control. The sentencing entry did not refer to post-release control. The Ohio Court of Appeals rejected an argument that his counsel provided ineffective assistance by encouraging him to plead guilty rather than no contest. Because Crangle did not appeal, his conviction became final in December 2008. In June 2010, the Ohio Supreme Court ordered a trial judge who “failed to include in the sentencing entry any term of postrelease control,” to issue a judgment in compliance with the statute. In November 2010, the court denied Crangle’s motion to withdraw his plea based on that case and ordered a correction to the judgment, which was backdated to Crangle’s initial sentencing. The court of appeals affirmed denial of the motion in November 2011. The Ohio Supreme Court denied leave to appeal on April 4, 2012 and in January 2013. Crangle placed a federal habeas petition in the prison mail on March 28, 2013, which was docketed on April 15, 2013, alleging ineffective assistance of counsel and due process violations. The district court dismissed Crangle’s petition as untimely. The Sixth Circuit reversed, holding that the state-court order imposing post-release control was a new judgment, that reset AEDPA’s one-year statute of limitations. View "Crangle v. Kelly" on Justia Law