2014 Ohio 5361
Ohio Ct. App.2014Background
- Blanken convicted by jury of having weapons while under disability; sentenced to three years.
- Anders brief filed; court appointed new counsel after finding Anders brief sparse.
- Trial court discussed plea offer: nine-month minimum, but Blanken elected to proceed to trial.
- On trial’s first day, State disclosed a late witness, former Deputy Nichols, to prove a 1991 conviction; defense objected to late disclosure.
- Nichols testified about the 1991 case; defense cross-examined; defense was given opportunity to interview Nichols before opening statements.
- Judgment entry amended to remove explicit placement at a specific prison; Blanken’s sentence remained three years, then modified to state: three years in the Ohio Department of Rehabilitation and Correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Crim.R. 16 discovery compliance | State contends no willful violation; Nichols could prove the prior conviction. | Blanken argues late disclosure violated Crim.R. 16 and prejudiced defense. | Abuse of discretion not shown; discovery delay not willful; no prejudice proved. |
| Sentencing to a specific institution | State concedes court cannot sentence to a specific prison; language is colloquial. | Blanken argues separation of powers violated by directing a specific facility. | Second error sustained; amended judgment to sentence to Ohio Department of Rehabilitation and Correction without specifying a facility. |
Key Cases Cited
- State v. Shah, 2014-Ohio-1449 (2d Dist. Montgomery 2014) (abuse of discretion standard for discovery violations)
- State v. Adams, 2006-Ohio-1761 (7th Dist. Mahoning 2006) (Parson factors for discovery sanctions)
- State v. Parson, 6 Ohio St.3d 442 (Ohio 1983) (three Parson factors for sanctions)
- State v. Darmond, 2013-Ohio-966 (Ohio 2013) (Parson framework cited by Ohio Supreme Court)
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio 2010) (separation of powers principle in sentencing)
- Kilbourn v. Thompson, 103 U.S. 168 (U.S. 1880) (separation of powers doctrine relevance)
- Norwood v. Horney, 110 Ohio St.3d 353 (Ohio 2006) (implicit separation of powers framework)