State v. Blankenship
2013 Ohio 5261
Ohio Ct. App.2013Background
- Anthony L. Blankenship was indicted for cocaine possession and pled no contest in Ross County Common Pleas Court.
- He filed a pretrial motion to suppress, arguing the police lacked reasonable suspicion for an investigatory stop under Terry v. Ohio.
- The trial court overruled the motion to suppress; Blankenship then pled no contest and was sentenced on November 13, 2012.
- The trial court’s November 13, 2012 judgment incorrectly stated the plea as guilty; a nunc pro tunc entry correcting the plea to no contest was journalized on December 14, 2012.
- Blankenship filed a notice of appeal on January 14, 2013, which the appellate court found untimely because the thirty-day appeal period ran from the original November 13, 2012 judgment, not the nunc pro tunc entry.
- The Fourth District dismissed the appeal for lack of jurisdiction but noted Blankenship could seek a delayed appeal under App.R. 5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court has jurisdiction to hear the appeal | State: Appeal is untimely if not filed within 30 days of the final judgment | Blankenship: Notice of appeal was timely because it was filed within 30 days of the nunc pro tunc entry (Dec. 14, 2012) | Court: Appeal dismissed for lack of jurisdiction; nunc pro tunc does not restart the appeal clock |
| Whether a nunc pro tunc entry restarts the 30-day appeal period | State: Nunc pro tunc corrects clerical errors and relates back to original judgment, so it does not restart the appeal period | Blankenship: The corrected entry is the judgment being appealed, so filing within 30 days of it is timely | Court: Agrees with State; nunc pro tunc does not extend time to appeal |
| Whether the substance of the sentencing entry changed such that appeal period should run from corrected entry | State: No substantive change to sentence or judgment other than clerical correction of plea | Blankenship: The corrected entry reflected the true plea (no contest) and should control appeal timing | Court: The correction was clerical only; timing governed by original judgment |
| Whether dismissal forecloses all appellate relief | State: Dismiss for lack of jurisdiction | Blankenship: (implicit) seeks review | Court: Dismissal for untimeliness, but appellant may pursue a delayed appeal under App.R. 5 |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes standard for police investigatory stops)
- In re Murray, 52 Ohio St.3d 155 (appellate courts must raise jurisdictional defects sua sponte)
- Whitaker–Merrell v. Geupel Co., 29 Ohio St.2d 184 (jurisdictional timing principles applied in civil context)
- State v. Yeaples, 180 Ohio App.3d 720 (nunc pro tunc entry corrects clerical errors and does not restart appeal period)