State v. Callahan
2013 Ohio 5864
| Ohio Ct. App. | 2013Background
- Callahan, appealing pro se from a 2012 Mahoning County Common Pleas judgment denying a July 2012 motion captioned Conviction Contrary to Ohio Law (Improper bindover from juvenile to common pleas).
- Callahan was convicted in 1997 of complicity to aggravated murder and related offenses; he received consecutive sentences totaling 103 years to life, affirmed on appeal in Callahan I.
- The July 2012 motion argued the bindover was improper because no mental or physical examination was performed, contending constitutional rights were violated.
- The State treated the motion as an untimely post-conviction petition under R.C. 2953.21; the trial court dismissed it.
- This court held the petition untimely under R.C. 2953.23 and additionally barred by res judicata since the issue could have been raised on direct appeal.
- Judgment affirmed, denying relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Callahan's post-conviction petition | Callahan argues for delayed relief under RC 2953.23 due to newly recognized rights. | State asserts untimeliness under RC 2953.23 and lack of justification for delay. | Untimely petition; dismissal affirmed. |
| Res judicata barring of the bindover claim | Callahan contends the issue could not have been raised earlier or is not barred. | State maintains res judicata bars the argument since it could have been raised on direct appeal. | Claim barred by res judicata. |
| Whether the bindover issue was properly raised given Golphin and statutory changes | Argues improper bindover due to lack of mental/physical examination under prior law. | Notes amended RC 2151.26 eliminated examination requirement and Golphin supports current law. | Meritless; not viable post-appeal challenge. |
Key Cases Cited
- State v. Reynolds, 79 Ohio St.3d 158 (1997) (post-conviction relief if constitutional rights claimed after direct appeal)
- State v. Hill, 129 Ohio App.3d 658 (1998) (new rights recognized by Supreme Court allow delayed relief if retroactive)
- State v. Stores, 2013-Ohio-4361 (2013) (untimely post-conviction relief grounds for dismissal)
- State v. Bryan, 2005-Ohio-5054 (2005) (timeliness and standards for post-conviction petitions in Ohio)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata principle governing subsequent proceedings)
- State v. Milanovich, 42 Ohio St.2d 46 (1975) (distinguishing issues that could be raised on direct appeal from those outside the record)
- Golphin, 81 Ohio St.3d 543 (1998) (interpretation of bindover procedure under amended RC 2151.26)