State v. Caldwell
2012 Ohio 1091
Ohio Ct. App.2012Background
- Caldwell was convicted in 1996 of third-degree felony corruption of a minor.
- In 2009 he was convicted for failing to verify his address under the Adam Walsh Act (AWA).
- In 2010 Caldwell filed a pro se Motion to Vacate and Set Aside the Judgment challenging the verification conviction.
- The trial court treated the motion as a petition for postconviction relief and dismissed it as untimely.
- Caldwell appeals, arguing res judicata and that the court had inherent authority to vacate a void judgment.
- The court ultimately affirms the conviction but vacates the sentence and remands for resentencing under former law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the motion properly treated as postconviction relief? | Caldwell | State | Yes; proper treatment, but untimely |
| Do Bodyke, Gingell, or Williams render the conviction void or voidable? | Caldwell | State | Voidable, barred by res judicata; not void |
| Is Caldwell's sentence void under Williams and related decisions? | Caldwell | State | Sentence void; remand for resentencing under former law |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA reclassification provisions severed; reinstates prior classifications)
- State v. Gingell, 128 Ohio St.3d 444 (2011-Ohio-1481) (reinstates Megan's Law classifications; applies Bodyke retroactivity)
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (AWA unconstitutional as applied to pre-2008 offenders)
- State v. Reynolds, 79 Ohio St.3d 158 (1997) (defendants must be able to challenge constitutional rights; timing rules)
- State v. Duling, 21 Ohio St.2d 13 (1970) (finality and res judicata principles in postconviction relief)
- State v. Szefcyk, 77 Ohio St.3d 93 (1996) (finality; early predicate- offense issue cannot be relitigated via PCR)
- State v. Perry, 10 Ohio St.2d 175 (1967) (finality doctrine; consent to postconviction relief cannot relitigate litigated issues)
- State v. Montgomery, 2012-Ohio-391 (2d Dist. Montgomery App. No. 24450) (characterization of postconviction relief; retroactivity nuances post-Bodyke)
- State v. Eads, 2011-Ohio-6307 (2d Dist. Montgomery App. No. 24696) (distinguishes collateral attack from direct appeal in AWA challenges)