2016 Ohio 7971
Ohio Ct. App.2016Background
- Robert L. Hillman, a pro se inmate, filed a document captioned as a criminal "(Accusation by Affidavit) (Criminal Complaint)" under R.C. 2935.09 against Columbus police officer David Larrison alleging perjury.
- The Franklin County Court of Common Pleas dismissed the filing as a civil action, granted defendant's motion to dismiss, and taxed costs against Hillman.
- This court (10th Dist.) reversed on February 23, 2016, treating Hillman’s filing as a facially valid affidavit and remanding with instructions to apply R.C. 2935.10 (issue warrant or refer to prosecutor).
- On remand the trial court again dismissed the case, this time finding the affidavit invalid because it lacked a notary stamp/seal and concluded the earlier opinion had overlooked this defect.
- Hillman appealed; the 10th District held the trial court violated the law-of-the-case doctrine by relitigating the affidavit’s validity, reversed, and remanded with instructions to follow the prior mandate (issue warrant or refer to prosecutor).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court improperly dismissed the case on remand contrary to this Court’s mandate | Hillman: the trial court lacked jurisdiction to dismiss; his filing was an R.C. 2935.09 affidavit and this court already treated it as valid | Larrison: the affidavit was invalid (not notarized properly), so dismissal was proper | Court: Trial court violated law-of-the-case by reopening affidavit validity; remand to follow prior directions |
| Whether the affidavit’s lack of notary stamp allowed trial court to re-evaluate validity | Hillman: prior opinion found affidavit facially valid; substantial compliance suffices | Larrison: missing notary seal makes affidavit invalid | Court: Prior determination controlled; trial court could not relitigate validity on remand |
| Proper remedial options under R.C. 2935.10 after an affidavit is filed | Hillman: trial court should follow statute—issue warrant or refer to prosecutor | Larrison: (implicit) dismissal appropriate if affidavit defective or not in good faith | Court: Under statute trial court has only two options — issue warrant or refer matter to prosecutor; remand to apply those options |
| Whether constitutional claims require remand relief | Hillman: asserted due process and equal protection violations | Larrison: contested procedural legitimacy (not addressed at length) | Court: Declined to reach constitutional questions; resolved on law-of-the-case grounds |
Key Cases Cited
- Stern v. Bd. of Elections, 14 Ohio St.2d 175 (1968) (affidavit held sufficient despite technical defect in notary jurat; courts look for substantial compliance)
- McCoy v. Engle, 42 Ohio App.3d 204 (1987) (law-of-the-case doctrine bars relitigation of issues decided by reviewing court)