State ex rel. Robinson v. Huron County Court of Common Pleas
143 Ohio St. 3d 127
| Ohio | 2015Background
- Lawrence D. Robinson was convicted after a 1975 retrial of premeditated murder and felony murder for a 1973 killing and sentenced to two consecutive life terms.
- His direct appeal and multiple postconviction motions and appeals were litigated over decades; earlier appeals were decided against him.
- In May 2014 Robinson filed a petition for a writ of mandamus in the Sixth District Court of Appeals seeking relief based on alleged failure to merge allied offenses under the statute and State v. Botta.
- The Huron County Court of Common Pleas moved to dismiss; the Sixth District granted dismissal and Robinson appealed to the Ohio Supreme Court.
- The Ohio Supreme Court affirmed, holding Robinson’s claim was barred by res judicata because it was a claim that was or could have been raised in prior proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson’s sentencing claim (failure to merge allied offenses under the statute/Botta) entitles him to relief | Robinson: Botta and the controlling statute required a merger analysis and only one sentence should have been imposed | State/Huron County: Robinson’s claim is barred by res judicata because it was or could have been raised earlier | Court: Claim is barred by res judicata; dismissal affirmed |
| Whether Robinson could relitigate merger argument despite prior appeals and motions | Robinson: He has raised lack of merger (and Johnson) in prior proceedings and now presses Botta/statute | State: Final judgments are conclusive as to claims that were or could have been litigated; plaintiff must present every ground in the first action | Court: Res judicata prevents reassertion; prior final judgments are conclusive |
Key Cases Cited
- Grava v. Parkman Twp., 73 Ohio St.3d 379, 653 N.E.2d 226 (1995) (explains res judicata includes claim and issue preclusion and requires presenting all grounds in the first action)
- Whitehead v. Gen. Tel. Co., 20 Ohio St.2d 108, 254 N.E.2d 10 (1969) (res judicata principles articulated)
- Krahn v. Kinney, 43 Ohio St.3d 103, 538 N.E.2d 1058 (1989) (res judicata and issue/claim preclusion discussion)
- Norwood v. McDonald, 142 Ohio St. 299, 52 N.E.2d 67 (1943) (final judgment on the merits bars subsequent action on same claim)
- State v. Botta, 27 Ohio St.2d 196, 271 N.E.2d 776 (1971) (when only one offense in substance, multiple guilty verdicts require only one sentence)
- State v. Johnson, 128 Ohio St.3d 153, 942 N.E.2d 1061 (2010) (modified allied-offenses analysis under R.C. 2941.25)