Lakewood v. Collins
2017 Ohio 8316
| Ohio Ct. App. | 2017Background
- Carl A. Collins entered a no-contest plea in Lakewood Mun. Ct. to OVI (local ordinance) on Jan. 9, 2015; other charges were dismissed in exchange.
- Before pleading, the trial court denied Collins’s motion to suppress evidence, finding probable cause and proper chemical-test refusal warnings.
- Collins filed a duplicate second suppression motion that the trial court did not address; he appealed that denial in Collins I (8th Dist.).
- This court affirmed in Collins I, concluding the suppression ruling had no merit and Collins’s plea rendered the second suppression motion moot.
- After remand, Collins challenged (in the present appeal) suppression/probable cause, release of an impounded vehicle, and speedy-trial violations; the trial court had earlier set terms for vehicle release and denied a speedy-trial dismissal.
- The appellate court here held the first three claims were barred by res judicata and found the speedy-trial claim also barred because it could have been raised previously.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of suppression ruling / probable cause | City: arrest and warnings were lawful; suppression denial proper | Collins: arrest lacked probable cause; suppression should have been granted | Overruled — claim barred by res judicata (previous appeal resolved merits) |
| Courtesy treatment of duplicate suppression motion | City: second motion was redundant and moot after plea | Collins: trial court erred by not addressing second motion | Overruled — claim barred by res judicata and mootness from plea |
| Release of impounded vehicle | City: vehicle release conditions set and lawful | Collins: city improperly refused vehicle release | Overruled — claim barred by res judicata; trial court set release terms on remand |
| Speedy-trial rights | City: Collins waived speedy-trial; record supports waiver | Collins: conviction should be vacated for speedy-trial violation | Overruled — claim barred by res judicata because it could have been raised earlier |
Key Cases Cited
- State v. Perry, 226 N.E.2d 104 (Ohio 1967) (final conviction bars raising defenses or due-process claims that were or could have been raised at trial or on appeal)