State v. Artis
2021 Ohio 2296
| Ohio Ct. App. | 2021Background
- In May 2018 Artis was indicted for domestic violence and abduction; the domestic-violence count was charged as a third-degree felony based on prior domestic-violence convictions from 2011. A jury found him guilty on both counts.
- In August 2018 the trial court sentenced Artis to 36 months (domestic violence) and 24 months (abduction), to run consecutively (60 months total).
- Artis appealed; this Court affirmed the 2018 conviction and sentence in May 2019. He did not challenge the use of the 2011 convictions on direct appeal.
- In late 2019 Artis moved in municipal court to withdraw his 2011 guilty pleas, claiming they were uncounseled; the municipal court denied relief and this Court affirmed those denials.
- On February 12, 2021 Artis filed a Motion to Vacate Conviction and/or Sentence in the Logan County trial court arguing the 2011 pleas were uncounseled (thus void) and could not be used to elevate the 2018 offense; he also alleged ineffective assistance for failing to raise the issue on direct appeal.
- The trial court construed the motion as a petition for postconviction relief, found it untimely (filed beyond the 365-day statutory window) and barred by res judicata, and denied relief. This appeal followed; the court below affirmed.
Issues
| Issue | State's Argument | Artis's Argument | Held |
|---|---|---|---|
| Whether the motion should be treated as a postconviction petition and is timely | Motion is a postconviction petition, filed >365 days after transcripts, so untimely and not within statutory exceptions | Motion challenges jurisdiction/void convictions and therefore not subject to postconviction time bar | Court: proper to treat as postconviction; untimely; dismissed for lack of jurisdiction |
| Whether claims are barred by res judicata | Claims could have been raised at trial or on direct appeal; res judicata bars collateral attack | 2011 pleas were uncounseled/void and therefore cannot be forfeited or barred | Court: claims are barred by res judicata; Artis could have raised them earlier |
| Whether the 2011 convictions are void so enhancement is improper | Prior convictions were properly before the court; Artis even stipulated to their authenticity at trial | 2011 pleas were uncounseled and thus void (not merely voidable), so they cannot enhance 2018 offense | Court: did not reach merits — dismissed on timeliness and res judicata grounds; no relief granted |
Key Cases Cited
- State v. Bush, 96 Ohio St.3d 235 (Supreme Court of Ohio) (trial courts may recast irregular motions into postconviction petitions)
- State v. Steffen, 70 Ohio St.3d 399 (Supreme Court of Ohio) (postconviction review is a narrow collateral remedy; res judicata bars claims that were or could have been raised earlier)
- State v. Gondor, 112 Ohio St.3d 377 (Supreme Court of Ohio) (standard of review for denial of postconviction petition)
- State v. Reynolds, 79 Ohio St.3d 158 (Supreme Court of Ohio) (motions filed after direct appeal that claim constitutional violation and seek vacation are postconviction petitions)
- State v. Cole, 2 Ohio St.3d 112 (Supreme Court of Ohio) (res judicata is a proper basis to dismiss an R.C. 2953.21 petition without hearing)
- State v. Perry, 10 Ohio St.2d 175 (Supreme Court of Ohio) (final judgment bars issues that were or could have been raised on trial or direct appeal)