May State Cite Defendant's No-Contest Plea In Opposing Later Claim That His Conviction Was Unconstitutional?
If Defendant Pursues Ohio Postconviction or Federal Habeas Corpus Lawsuit
Ernest Hollingsworth v. Deb Timmerman-Cooper, Warden, Case no. 2011-1095
U.S. District Court for the Southern District of Ohio
ISSUE: Do the Ohio rules of evidence and criminal procedure that bar the use of a defendant's plea of no contest to a criminal charge as evidence "in any subsequent civil or criminal proceeding" preclude the state from citing a defendant's no-contest plea as evidence that he waived his right to later challenge the validity of that same conviction through a state postconviction action or federal habeas corpus action?