2018 Ohio 2147
Ohio Ct. App.2018Background
- In 2005 Allender (a juvenile bound over to common pleas) pled guilty to multiple violent felonies including aggravated robbery and aggravated burglary, carrying a concealed weapon, and two firearm specifications; he received a nine-year prison term.
- He was granted judicial release in December 2011 and completed probation on June 17, 2013.
- On September 13, 2016 Allender filed an application under R.C. 2923.14 for relief from weapons disability in Portage County Court of Common Pleas.
- The State opposed the application; the trial court denied relief on November 6, 2017 after reviewing sealed criminal-history materials and statutorily relevant factors, noting Allender had omitted firearm specification convictions from his application.
- Allender appealed, arguing the trial court abused its discretion in denying his application; the main legal question was whether the court’s denial was improper or procedurally grounded in his omission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused its discretion in denying relief under R.C. 2923.14 | Allender: denial was an abuse of discretion; court improperly relied on his alleged failure to list firearm specifications | State: (argued below) Allender was ineligible under amended statute (but amendment postdated his filing) | Court: No abuse of discretion; denial upheld based on weighing of criminal history and statutory discretionary factors |
| Whether omission of firearm-specification convictions required denial | Allender: trial court based denial on his omission and thus erred | State: omission noted as relevant; court may consider full criminal history | Court: Denial was not predicated solely on omission; court permissibly considered the nature/extent of violent, firearm-related prior offenses when exercising discretion |
Key Cases Cited
- In re I.A., 140 Ohio St.3d 203 (2014) (uses "may" in statute to explain permissive nature of relief and grants broad trial-court discretion)
- State ex rel. Edwards v. Toledo City School Dist. Bd. of Edn., 72 Ohio St.3d 106 (1995) (defines abuse of discretion standard as action that is unreasonable, arbitrary, or unconscionable)