State v. Christian
2017 Ohio 2677
| Ohio Ct. App. | 2017Background
- Defendant Alexander Christian, age 17 at the time, was bound over from juvenile court and indicted for murder with a firearm specification; he pled guilty to involuntary manslaughter with a firearm specification on March 20, 2007.
- The trial court sentenced Christian to an aggregate 13-year prison term and journalized the judgment on March 29, 2007. Christian did not file a direct appeal.
- On July 21, 2016—more than nine years after the judgment—Christian filed a motion to vacate his conviction and sentence, alleging his plea was not knowing due to his age and that the trial court failed to make necessary findings about proximate cause; he also alleged fraud on the court.
- The trial court construed the motion as a petition for postconviction relief under R.C. 2953.21, found it untimely, concluded Christian failed to invoke any statutory exception, and denied relief without an evidentiary hearing.
- Christian appealed, arguing the trial court abused its discretion and that fraud on the court warranted vacatur. The appellate court affirmed, holding the petition was untimely and Christian did not meet the jurisdictional exceptions that would allow consideration of an untimely petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Christian's motion to vacate his conviction/sentence | The State: Christian's petition is an untimely postconviction petition under R.C. 2953.21 and the court lacks jurisdiction because no statutory exception is shown | Christian: His plea was not made knowingly (age) and the court failed to make required proximate-cause findings; also alleges fraud on the court | Court: Petition untimely; Christian failed to show he was unavoidably prevented from discovering new facts or that a new right applies; court properly denied petition (technically should have dismissed for lack of jurisdiction) |
Key Cases Cited
- State v. Steffen, 70 Ohio St.3d 399 (Ohio 1994) (postconviction relief is collateral; distinguishes direct appeal)
- State v. Reynolds, 79 Ohio St.3d 158 (Ohio 1997) (motion to vacate sentence after direct appeal treated as petition for postconviction relief)
- State v. Gondor, 112 Ohio St.3d 377 (Ohio 2006) (standard of review for postconviction petition rulings: abuse of discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard defined)