State v. Barber
2015 Ohio 4607
Ohio Ct. App.2015Background
- Curtis L. Barber was convicted in 2001 of multiple offenses across two cases (2000 CR 497 and 2000 CR 1272) and received an aggregate 41.5-year sentence.
- Barber did not appeal one robbery conviction (2000 CR 497) but appealed convictions and sentences in 2000 CR 1272; those appeals were largely unsuccessful.
- The trial court in 2008 entered nunc pro tunc judgment entries resentencing Barber to correct omission of post-release control notifications; Barber appealed and the resentencing was affirmed in 2010.
- Barber repeatedly filed postconviction and resentencing motions (including a 2011 motion invoking State v. Johnson), which the courts dismissed or denied; prior appeals addressed allied-offense and related claims.
- In 2013 Barber filed a combined motion challenging post-release control notice, Crim.R. 25 findings at resentencing, and alleged remaining allied offenses; the trial court denied the motion as barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nunc pro tunc August 8, 2008 judgment correctly notified Barber whether post-release control was mandatory or discretionary | State: Barber’s claims are barred by res judicata and the resentencing judgment stands | Barber: The nunc pro tunc entry failed to properly notify him about post-release control (mandatory vs discretionary) | Court: Claim barred by res judicata; overruled Barber’s assignment of error |
| Whether the trial court made required Crim.R. 25 findings at resentencing | State: Res judicata bars re-litigation; no relief warranted | Barber: The trial court failed to make necessary Crim.R. 25 fitness/findings at resentencing | Court: Claim barred by res judicata; overruled Barber’s assignment of error |
| Whether offenses should be merged as allied offenses under State v. Johnson | State: Issue previously raised/decided; barred by res judicata | Barber: Johnson requires merging additional offenses and resentencing | Court: Allied-offense claim either raised or could have been raised earlier and is barred by res judicata; overruled Barber’s assignment of error |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for appointed counsel to assert lack of meritorious issues on appeal)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (new standard for determining allied offenses of similar import)
- State v. Griffin, 138 Ohio St.3d 108 (Ohio 2013) (discussion of res judicata barring re-litigation of matters raised or that could have been raised on direct appeal)