2014 Ohio 4796
Ohio2014Background
- Gregley was convicted in 1998 of multiple crimes, sentenced to life without parole for two aggravated-murder counts and additional terms for other counts, with postrelease control not imposed at sentencing or in the entry.
- Appellate and collateral challenges to the conviction and sentence occurred, including affirmations and denials of late appeals.
- In 2011 Gregley sought a writ of procedendo to compel resentence for postrelease-control issues; the court granted summary judgment based on an alleged adequate remedy by appeal.
- On remand in 2012, the trial court vacated the postrelease-control order following the appellate reversal of the imposition, curing the defect for those convictions.
- In November 2013 Gregley filed a second procedendo petition asking for a final, appealable order; the court of appeals denied on res judicata grounds, leading to this direct appeal.
- The Supreme Court held the petition barred by res judicata, moot because the postrelease-control issue was vacated, and that Gregley’s broader arguments misread postrelease-control law, with the portion relating to offending postrelease-control imposition being the subject of review only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the procedendo petition is barred by res judicata | Gregley | Friedman | Barred by res judicata |
| Whether the action is moot | Gregley | Friedman | Moot; postrelease-control issue vacated |
| Whether only the offending portion of the sentence may be reviewed | Gregley relied on Carnail to void entire sentence | Friedman relies on Fischer restricting review to offending portion | Agree with Fischer; not void entire sentence |
Key Cases Cited
- State v. Gregley, 2012-Ohio-3450 (Ohio 2012) (reversal on postrelease-control authority on remand)
- State ex rel. Carnail v. McCormick, 2010-Ohio-2671 (Ohio 2010) (argued entire sentence void due to CAP defect; rejected in Fischer)
- State v. Fischer, 2010-Ohio-6238 (Ohio 2010) (only offending portion of sentence reviewable for postrelease control error)
- State ex rel. Gregley v. Friedman, 2011-Ohio-2293 (Ohio 2011) (summary judgment affirmed; adequate remedy by appeal)
- State ex rel. Gregley v. Friedman, 2014-Ohio-218 (Ohio 2014) (res judicata and mootness affirmed)