State ex rel. O'Neal v. Bunting (Slip Opinion)
140 Ohio St. 3d 339
| Ohio | 2014Background
- O’Neal, convicted in state court in 1998, received a 6-year felonious assault term plus a 3-year gun specification, to be served consecutively to a federal sentence.
- Federal bank-robbery guilty plea yielded a 15-year federal term, to be served before Ohio state sentences.
- Summit County sentencing entry stated the state sentence was to be served consecutively to the federal sentence and prior to being returned to begin the state term.
- O’Neal argued the sentencing entry was silent on concurrency for the six-year term, creating ambiguity that required concurrent sentencing with the federal term.
- O’Neal sought habeas relief in the Third District, which dismissed the petition; the Ohio Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas corpus lies for sentencing-entry ambiguities | O’Neal argues ambiguity entitles concurrent sentences. | Habeas is not available for non-jurisdictional sentencing errors. | Habeas relief not available; dismissal affirmed. |
| Whether adequate remedies at law preclude habeas relief | Appeal and motion to withdraw guilty plea were available but failed to resolve concurrent/consecutive issues. | Adequate remedies existed and were not exhausted via habeas. | Yes; adequate remedies preclude habeas relief. |
| Whether the sentencing entry was ambiguous about concurrency | The entry’s silence on concurrency creates ambiguity favoring concurrent sentences. | The entry clearly shows consecutive service to the federal sentence. | Not ambiguous; entry shows consecutive service. |
Key Cases Cited
- Dunbar v. State, 136 Ohio St.3d 181 (2013) (habeas relief not available for non-jurisdictional sentencing errors)
- State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177 (2012) (habeas relief limited where remedy at law exists)
- State ex rel. Massie v. Rogers, 77 Ohio St.3d 449 (1997) (adequate legal remedies preclude extraordinary relief)
- State ex rel. Sampson v. Parrott, 82 Ohio St.3d 92 (1998) (plain and adequate remedy at law unsatisfied; avoid relitigation)