2021 Ohio 1048
Ohio Ct. App.2021Background
- Castner was indicted for theft from a person in a protected class and ordered no contact with the victim; she nevertheless sent the victim text messages about the case.
- Prosecutor warned at a pretrial that new charges would likely follow based on those messages.
- Two days before trial a supplemental indictment charged Castner with intimidation of a victim; a same-day arraignment hearing occurred with defense counsel present but Castner absent.
- At the hearing counsel told the court Castner knew of the new charge, defense had the evidence, and was prepared to proceed to trial; the court’s journal entry stated the reading of the supplemental indictment and any service defect were waived and a not-guilty plea was entered.
- A jury convicted Castner on both counts; she was sentenced to concurrent six-month terms and ordered to pay $1,000 restitution.
- On appeal Castner argued her intimidation conviction was void for lack of personal service and arraignment; the court rejected this, holding she submitted to jurisdiction by participating at trial without objecting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Castner's intimidation conviction is void for lack of service/arraignment (Crim.R.10 & due process) | State: Castner submitted to court's jurisdiction by appearing at trial with counsel and not objecting; counsel's statements showed awareness and readiness to proceed; any defects waived. | Castner: She was never personally served with the supplemental indictment nor arraigned; counsel never explicitly waived reading or entered plea on the record; conviction therefore void. | Court: Affirmed. Personal jurisdiction existed because Castner submitted to the court's jurisdiction by appearing at trial with counsel and failing to object; assignment of error overruled. |
Key Cases Cited
- Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St.3d 81 (2010-Ohio-2551) (personal-jurisdiction questions reviewed de novo)
- State v. Henderson, 161 Ohio St.3d 285 (2020-Ohio-4784) (a judgment is void only if court lacks subject-matter or personal jurisdiction; defendant may submit to jurisdiction by inaction)
- Tari v. State, 117 Ohio St. 481 (1927) (historical authority that submission/participation waives objection to jurisdiction)