State v. Blankenburg
2012 Ohio 6175
Ohio Ct. App.2012Background
- Appellant Dr. Mark Blankenburg was convicted in 2009 of sexual offenses involving minor patients; convictions affirmed on appeal in 2012.
- Appellant filed a postconviction relief petition under R.C. 2953.21 alleging juror bias violated his Sixth Amendment right to a jury trial.
- The State moved for summary judgment, arguing the claim was barred by the aliunde rule and res judicata; affidavits from juror’s coworkers were submitted.
- The trial court granted summary judgment, denying PCR without a hearing, and found res judicata barred the claim.
- Appellant’s sole assignment of error contends the trial court erred by dismissing PCR on res judicata grounds and by excluding outside evidence.
- The Court of Appeals reversed the trial court’s decision and remanded for further proceedings, noting the need to address the aliunde rule and credibility considerations at a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCR dismissal was proper under res judicata and aliunde rules. | Blankenburg argues dehors-record evidence could show denial of rights; res judicata should not bar a hearing. | State contends res judicata bars the claim and affidavits are inadmissible hearsay under Evid.R. 606(B). | Reversed and remanded for a hearing; summary judgment improper. |
Key Cases Cited
- Calhoun v. State, 86 Ohio St.3d 279 (1999) (PCR evidentiary requirements; credibility considerations)
- Hicks v. State, 2005-Ohio-1237 (Ohio 2005) (trial courts may deny PCR without a hearing if records show no substantive grounds)
- Lindsey v. State, 2003-Ohio-811 (Ohio 2003) (res judicata applicability to PCR petitions)
- Lawson v. State, 103 Ohio App.3d 307 (1995) (outside evidence exception to res judicata; cogency standard)
- Schiebel v. State, 55 Ohio St.3d 71 (1990) (aliunde foundation for juror testimony after extrinsic evidence)