2019 Ohio 4343
Ohio Ct. App.2019Background
- Feb. 22, 2017: Brime was indicted for felonious assault and having a weapon under disability, with firearm specifications and a repeat violent-offender specification.
- Jan. 8, 2018: Brime pled guilty to felonious assault with a three-year firearm specification; the other count was dismissed; court sentenced him to 10 years; he did not appeal.
- Apr. 11, 2018: Brime filed a postconviction petition asserting the State failed to try him within the 180-day period under R.C. 2941.401 while he was incarcerated.
- The State and the trial court responded that Brime never showed he "caused to be delivered" the written notice to the prosecutor and court required to trigger R.C. 2941.401; the trial court denied the petition without an evidentiary hearing.
- On appeal, the court affirmed, holding Brime failed to meet the statutory notice predicate and therefore could not establish a R.C. 2941.401 violation entitling him to relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying postconviction relief based on an alleged R.C. 2941.401 violation | Brime did not satisfy R.C. 2941.401's requirement of causing written notice to be delivered to the prosecutor and court, so the 180-day clock never triggered; procedural problems in raising the claim via postconviction petition | Brime argued the State failed to try him within 180 days while he was imprisoned, depriving the court of jurisdiction under R.C. 2941.401 | Affirmed: Brime failed to show he delivered the required written notice, so R.C. 2941.401 did not apply and the petition was properly denied without a hearing |
Key Cases Cited
- State v. Steffen, 70 Ohio St.3d 399 (1994) (postconviction relief is a collateral civil attack on a criminal judgment)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (standards for denying a postconviction petition without an evidentiary hearing)
- State v. Hairston, 101 Ohio St.3d 308 (2004) (R.C. 2941.401 requires the incarcerated defendant to cause written notice to be delivered before the 180-day trial period is triggered)
- State v. Jackson, 64 Ohio St.2d 107 (1980) (defendant is not automatically entitled to an evidentiary hearing on a postconviction petition)