State v. Bozek
2016 Ohio 1365
Ohio Ct. App.2016Background
- Lawrence Bozek was indicted for multiple offenses including attempted murder and attempted felony murder; he pled guilty in 2010 pursuant to a plea-and-joint-sentencing agreement and was sentenced to a total of 20 years.
- He did not file a direct appeal; later filed a post-conviction petition claiming ineffective assistance for failing to advise about judicial release and seeking relief based on Nolan (holding attempted felony murder is not a cognizable offense).
- This Court denied a delayed appeal of the sentencing entry and later decided Bozek II, holding Bozek’s guilty plea void in its entirety and vacating the plea; the case was to be treated as if no plea had been entered.
- While Bozek II was pending, Bozek filed a motion for new trial/motion to vacate sentence in the trial court; the trial court denied the motion but that ruling was entered while the appellate case (Bozek II) was pending.
- The appellant appealed the trial court’s denial; the State argued the trial court lacked jurisdiction to rule because the appellate court had jurisdiction in Bozek II and the prior appellate decision already provided the relief Bozek sought.
Issues
| Issue | Plaintiff's Argument (Bozek) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the appeal of the trial court’s July 1, 2015 denial of Bozek’s motion for new trial/vacate sentence is reviewable or moot | Bozek: his guilty plea is void because it included attempted felony murder (per Nolan); thus his conviction/sentence should be vacated and he should be re‑sentenced or granted a new trial | State: the trial court lacked jurisdiction to rule while Bozek II was pending; this Court already granted the relief Bozek seeks in Bozek II, so the present appeal is moot | The appeal is dismissed as moot; the trial court lacked jurisdiction to decide the motion while the appellate case was pending and this Court in Bozek II already vacated the plea and reinstated the indictments |
Key Cases Cited
- Yee v. Erie Cty. Sheriff's Dept., 51 Ohio St.3d 43 (discussing limits on trial court jurisdiction after appeal)
- State ex rel. Newton v. Court of Claims, 73 Ohio St.3d 553 (trial court relief that conflicts with appellate jurisdiction cannot be granted)
- Howard v. Catholic Social Services, 70 Ohio St.3d 141 (appeal divests trial court of jurisdiction to consider certain motions for relief)
- State v. Nolan, 141 Ohio St.3d 454 (holding attempted felony murder is not a cognizable offense)
- State ex rel. Gaylor, Inc. v. Goodenow, 125 Ohio St.3d 407 (mootness doctrine and when courts must dismiss)
- BECDIR Construction Co. v. Proctor, 144 Ohio App.3d 389 (courts should not decide moot questions)
- James A. Keller, Inc. v. Flaherty, 74 Ohio App.3d 788 (discussion of mootness and justiciability)