2016 Ohio 5612
Ohio Ct. App.2016Background
- Kenneth Black II pleaded guilty in 2012 to multiple felonies arising from an armed break-in; the trial court imposed concurrent prison terms in 2012 and ordered them consecutive to an 861-day sanction imposed in a 2008 case for violating post-release control (PRC).
- Black filed pro se and counsel-assisted postconviction motions in 2013 challenging the validity of the 2008 PRC and the resulting 861-day judicial sanction; the trial court denied those motions in a February 2014 entry.
- Black appealed the 2014 denial; this court dismissed the appeal for want of prosecution and denied a motion for reconsideration. He did not successfully pursue further appellate relief to the Ohio Supreme Court.
- In June 2015 Black filed another pro se “motion to correct sentence unauthorized by law” renewing his claim that the 2008 PRC was void and therefore the 861-day sanction added in 2012 was unauthorized.
- The trial court denied the 2015 motion in January 2016, relying on its prior reasoning; Black appealed, arguing a void judgment attacking PRC may be made at any time and the court erred by not addressing his motion on the merits.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Black) | Held |
|---|---|---|---|
| Whether Black may re-litigate a previously rejected challenge to an allegedly void PRC sentence and the resulting 861-day judicial sanction | The State argued res judicata bars the successive motion because Black previously litigated and lost the same PRC challenge and failed to perfect appellate review | Black argued a void sentence (invalid PRC) may be attacked at any time and res judicata should not bar relief under Fischer/Simpkins doctrine | Court held res judicata barred the successive motion here because the claim was previously adjudicated and no new facts were presented; denial affirmed |
Key Cases Cited
- State v. Simpkins, 117 Ohio St.3d 420 (void sentences lacking statutorily mandated terms)
- State v. Bezak, 114 Ohio St.3d 94 (finality and review of sentencing errors)
- State v. Fischer, 128 Ohio St.3d 92 (a sentence omitting statutorily mandated PRC is void and reviewable at any time)