State v. Blankenshp
2016 Ohio 5458
Ohio Ct. App.2016Background
- In 2014 Lori M. Blankenship was cited for OVI under R.C. 4511.19(A)(1)(a) and (d); she entered a no-contest plea at arraignment.
- The municipal court reviewed the citation and concluded the ticket was defective for failing to list date/time/place and conduct, then dismissed the charges (Sept. 24, 2014).
- The State refiled a new ticket based on the same incident attempting to cure the perceived defects.
- Blankenship moved to dismiss the refiled citation on double jeopardy grounds; the trial court granted the motion (Oct. 23, 2014), ruling jeopardy attached when the court accepted the no-contest plea.
- The State appealed; the court of appeals consolidated two appeals and reviewed (1) dismissal of the first ticket/ability to amend and (2) whether double jeopardy barred the refiled charge.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Blankenship) | Held |
|---|---|---|---|
| Whether the trial court erred by dismissing the initial citation for failing to include date/time of offense | The State: ticket was not fatally defective; court should have allowed amendment rather than dismissal | Blankenship: ticket was defective and dismissal was appropriate | Court: State forfeited these arguments by not objecting or seeking amendment at arraignment; assignments overruled |
| Whether the court should have allowed clerical amendment of the charging document | State: Traf.R. 3 complaint need only inform defendant of the offense; court could/should have permitted amendment | Blankenship: dismissal was proper given the defective ticket as found by court | Court: forfeiture again; State did not preserve the argument at arraignment, so claim is forfeited |
| Whether double jeopardy barred the refiled prosecution | State: if first ticket was defective, court lacked jurisdiction and jeopardy never attached, so refile permitted | Blankenship: court accepted no-contest plea and jeopardy attached, barring refile | Court: ticket charged OVI sufficiently; trial court had jurisdiction and jeopardy attached; dismissal of refile affirmed |
Key Cases Cited
- State v. Rogers, 143 Ohio St.3d 385 (2015) (appellate review limitations where trial objection could have avoided error)
- Barberton v. O’Connor, 17 Ohio St.3d 218 (1985) (Traf.R. 3 notice requirement explained)
- State v. Brewer, 121 Ohio St.3d 202 (2009) (Ohio double jeopardy provision coextensive with federal protection)
- Benton v. Maryland, 395 U.S. 784 (1969) (incorporation of Double Jeopardy Clause to states)
- State ex rel. Sawyer v. O’Connor, 54 Ohio St.2d 380 (1978) (jeopardy attaches when court accepts a no-contest plea)
- State, ex rel. Leis v. Gusweiler, 65 Ohio St.2d 60 (1981) (acceptance of plea and related jeopardy principles)