2011-Ohio-4751, 953 N.E.2d 840
No. 2011-1095.Supreme Court of Ohio.
September 21, 2011.
Certified Question of State Law, United States District Court, Sourthern District of Ohio, Western Division, Case No. 1:08-CV-00745.
Motion And Procedural Ruling
On review of preliminary memoranda pursuant to S.Ct.Prac. R. 18.6. The court will answer the following question:
“Do Ohio R.Crim. P. 11(B)(2) and Ohio R.Evid. 410(A)(2), which prohibit the use of a defendant’s no contest plea against the defendant `in any subsequent civil * * * proceeding’ apply to prohibit the use of such a plea in a subsequent civil proceeding which is a collateral attack on the criminal judgment which results from the no contest plea, such as a petition for post-conviction relief under Ohio Revised Code § 2953.21, or a federal habeas corpus action under 28 U.S.C. § 2254?”