2023 Ohio 4594
Ohio2023Background
- Derrick Martre was indicted in Allen County, Ohio, in 2017 on multiple felony counts involving sexual offenses against minors; the indictment specifically stated the offenses occurred in Allen County.
- Martre pleaded no contest, was convicted, sentenced to 12 years, and classified as a Tier II sex offender.
- In 2023, Martre sought a writ of prohibition in the Third District Court of Appeals, claiming the grand jury lacked jurisdiction over certain charges since the alleged conduct and evidence were tied to Lucas County.
- Martre also filed motions for summary judgment, judicial notice, and to strike, all seeking to vacate his convictions and sex offender classification.
- The Court of Appeals dismissed his case, and Martre appealed to the Ohio Supreme Court, further seeking default judgment due to the appellees not filing a brief.
Issues
| Issue | Martre's Argument | Cheney/Reed's Argument | Held |
|---|---|---|---|
| Whether prohibition is available to attack indictment validity/jurisdiction | Allen County grand jury lacked jurisdiction for counts based on conduct/evidence in Lucas County; thus, trial court lacked jurisdiction | Indictment states offenses occurred in Allen County; jurisdiction was proper; prohibition is not available to contest indictment validity | Prohibition is not available to attack indictment validity; any claim of deficiency is remediable by appeal |
| Whether Martre was prejudiced by late filings or denials of his motions | Allowing late filings and denying motions to strike/judicial notice prejudiced his case | No prejudice as motions were properly considered or denied; Civ.R. 12(B)(6) dismissal was dispositive | Martre not prejudiced by lateness or denials; requirements not met for judicial notice |
| Whether prior challenges bar relief via res judicata | Not directly addressed for this case | Issue previously raised by Martre in habeas proceedings and dismissed as non-jurisdictional | Relitigation barred; same theory previously rejected |
| Whether default judgment should be entered for non-response | Martre requests default judgment as appellees did not file a brief | Court discretion; only granted if appellant’s argument requires reversal | Default judgment denied; brief does not support reversal |
Key Cases Cited
- State ex rel. Nelson v. Griffin, 103 Ohio St.3d 167 (extraordinary relief in prohibition is not available to attack the validity of an indictment)
- State ex rel. Bennett v. White, 93 Ohio St.3d 583 (an adequate remedy in the ordinary course of law is by appeal for deficiencies in indictment)
- State ex rel. Sands v. Bunting, 150 Ohio St.3d 325 (defects in an indictment do not deprive a trial court of jurisdiction)
- State ex rel. Martre v. Watson, 171 Ohio St.3d 810 (Court previously rejected same jurisdictional claim made by Martre)