Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Tirelle McArthur, pro se Inmate No. 680273 Lake
Erie Correctional Institution
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Anthony Thomas Miranda Assistant
BEFORE: Keough, A.J., S. Gallagher, J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, ADMINISTRATIVE JUDGE
This appeal is before the court on the accelerated docket
pursuant to App.R. 11.1 and Loc. App.R. 11.1. The purpose of
an accelerated appeal is to allow this court to render a
brief and conclusory opinion. State v. Priest, 8th
Dist. Cuyahoga No. 100614, 2014-Ohio-1735, ¶ 1.
Defendant-appellant, Tirelle McArthur, appeals the trial
court's decision denying his "motion to correct
manifest injustice." For the reasons that follow, we
In September 2015, McArthur was named in a six-count
indictment charging him with two counts each of aggravated
robbery with one- and three-year firearm specifications,
notice of prior conviction, and repeat violent offender
specification; kidnapping, with one- and three-year firearm
specifications, notice of prior conviction, and repeat
violent offender specification; and having weapons under
On October 8, 2015, McArthur was referred to the court
psychiatric clinic pursuant to R.C. 2945.371 for a competency
and sanity evaluation. On November 16, 2015, the court held a
hearing and noted that Dr. Lubna Grewal from the court's
psychiatric clinic was unable to render an opinion regarding
McArthur's competence. Therefore, pursuant to R.C.
2945.371(C) and (D), the court ordered McArthur to Northcoast
Behavioral Healthcare for an inpatient competency evaluation.
In December 2015, the trial court conducted a plea hearing.
Prior to accepting McArthur's plea, the trial court noted
that the competency report from the court's psychiatric
department, dated November 16, 2015, determined that McArthur
was competent. Both the state and McArthur's defense
attorney stipulated to the report and to the finding of
competency. No mention was made regarding any report from
Northcoast Behavioral Healthcare.
Following the stipulation, the trial court properly engaged
in the requisite Crim.R. 11 plea colloquy with McArthur and
accepted his guilty plea to two amended counts of aggravated
robbery, with notice of prior conviction. All other charges
were nolled. The court imposed a three-year prison sentence
and ordered restitution. McArthur did not file a direct
On May 31, 2016, McArthur filed a "motion to correct a
manifest injustice, " arguing that he was never
discharged from Northcoast Behavioral Healthcare because Dr.
Cortney A. Kohberger did not sign the competency report that
declared him competent and ordered his discharge. Attached to
his motion was Dr. Kohberger's report. The trial court
summarily denied McArthur's motion.
McArthur appeals, contending in his sole assignment of error
that his due process rights were violated when the trial
court denied his "motion to correct manifest
injustice" when he provided the court with documentation
confirming that Northcoast Behavioral Healthcare did not
discharge him on December 15, 2015. Within the assigned
error, McArthur raises an ineffective assistance of counsel
claim for stipulating to the unsigned competency report.
McArthur's "motion to correct manifest
injustice" asserted that his plea should be withdrawn,
or at the very least, a hearing should be held on his motion
pursuant to Crim.R. 32.1, because the competency evaluation
prepared by Dr. Courtney A. Kohberger on December 15, 2015,
was not signed and thus any stipulation to the report was
void. Because of this omission, he contended that
"numerous issues now present itself in the form of Due