State v. Blankenburg
2014 Ohio 4621
Ohio Ct. App.2014Background
- Blankenburg, a pediatrician, was convicted in October 2009 of multiple sexual offenses involving minor patients.
- During his direct appeal, Blankenburg filed a postconviction relief petition asserting juror bias by juror T.M.
- The state moved for summary judgment under Evid.R. 606(B) aliunde rule, supported by two affidavits from Kroger coworkers.
- The trial court granted summary judgment in April 2012, denying PCR without an evidentiary hearing, citing res judicata.
- This court reversed in Blankenburg II (2012), remanding for further proceedings, noting a hearing on juror bias should be held.
- On remand, the trial court again granted summary judgment in October 2013 without an evidentiary hearing, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing was required on juror bias | Blankenburg argues Blankenburg II mandated a hearing and proper evidentiary analysis. | State contends discretion allowed no automatic hearing; aliunde/606(B) applies to credibility and hearsay. | Overruled; no evidentiary hearing required per this panel's reading. |
| Whether summary judgment on the PCR petition was proper | Blankenburg contends genuine issues of material fact remained, precluding summary judgment. | State maintains no genuine issue after reviewing the affidavits under Calhoun and related standards. | Affirmed summary judgment; improper to substitute credibility judgments without an evidentiary hearing. |
| Whether the aliunde rule was correctly invoked to bar consideration of affidavits | Aliunde rule improperly prevented consideration of affidavits supportive of juror-bias claim. | Aliunde rule supported barring the affidavits as improper evidence. | Overruled; trial court did not err in its application of the aliunde rule. |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (affidavits in PCR proceedings deserve due deference; credibility may be assessed by the court)
- State v. Francis, 12th Dist. Butler No. CA2013-05-078, 2014-Ohio-443 (2014) (PCR petitions may be resolved via summary judgment with proper standards)
- State v. Blankenburg, 12th Dist. Butler No. CA2012-04-088, 2012-Ohio-6175 (2012) (remand instructions and need for hearing on PCR petitions; review of juror bias)
- Crim.R. 24(C)(9), no reporter citation (n/a) (juror impartiality standard; trial court observations govern credibility)