State v. Claren, 2019 Ohio 260

Paul Claren was indicted on three counts arising from an August 18, 2016 death: (1) aggravated murder with firearm and repeat-violent-offender specifications; (2) murder with the same specifications; and (3) having a weapon while under disability.
Claren pleaded not guilty; the case went to a jury trial. The jury convicted him of aggravated murder (count one) and the firearm specification, and convicted him on the weapons-under-disability count (count three). The jury returned no verdict on count two (murder).
The trial court’s August 24, 2017 sentencing entry recorded convictions and sentences for counts one and three, found Claren to be a repeat violent offender, and imposed sentences (life without parole plus specification terms), but did not resolve or journalize any disposition for count two.
Claren appealed, raising two assignments of error: (1) plain error/abuse of discretion for failure to instruct the jury on self-defense (including a castle doctrine instruction); and (2) ineffective assistance of counsel for failing to object to the lack of that instruction.
The Ninth District sua sponte examined jurisdiction and concluded the sentencing/judgment entry was not a final, appealable order because the indictment’s second count (murder) remained unresolved and the court had not journalized any disposition for it.
Because the appellate court found no final appealable order, it dismissed the attempted appeal and did not reach the merits of Claren’s claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Trial court erred by refusing to instruct jury on self-defense (including castle instruction)	Claren: omission was plain error and prejudiced his defense	State: (not decided on merits because of jurisdictional defect)	Court: Appeal dismissed for lack of jurisdiction; merits not reached
Ineffective assistance for not objecting to omission of self-defense instruction	Claren: counsel’s failure deprived him of Sixth and Fourteenth Amendment rights	State: (not decided on merits because of jurisdictional defect)	Court: Appeal dismissed for lack of jurisdiction; merits not reached

Whitaker-Merrell Co. v. Geupel Constr. Co., Inc., 29 Ohio St.2d 184 (trial courts and appellate jurisdictional duties) (court must raise jurisdictional questions sua sponte)
State v. Baker, 119 Ohio St.3d 197 (Crim.R. 32 governs content of a judgment of conviction)
State v. Lester, 130 Ohio St.3d 303 (final appealable order requires fact of conviction, sentence, judge’s signature, and journal entry timestamp)
State v. Jackson, 151 Ohio St.3d 239 (resolution of counts by dismissal/nolle or verdict is required for finality in multicount indictments)
State ex rel. Rose v. McGinty, 128 Ohio St.3d 371 (journal entry need not reiterate counts dismissed or acquitted to be final, but unresolved indicted counts must be disposed)