State v. Cline
2013 Ohio 1843
Ohio Ct. App.2013Background
- Cline was driving with a suspended license and a high blood-alcohol level, with 11 prior OVI convictions.
- On March 2, 2006, he evaded a police stop and caused a head-on crash killing two students and injuring another.
- He was indicted on 11 counts and pled guilty, receiving a 38-year aggregate sentence for multiple offenses.
- Appellant’s earlier appeals resulted in partial voiding of the sentence and a remand for proper post-release-control advisement.
- He filed a petition for postconviction relief on July 2, 2012, which the trial court denied as untimely and barred by res judicata, leading to the affirmation of denial on appeal.
- The sole issue concerns whether OVI and failure-to-comply offenses were allied offenses and should have merged under Johnson, affecting sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction petition was properly denied. | Cline argues Johnson merger applies; entitled to hearing. | State contends petition untimely and barred by res judicata. | Untimely and barred; no hearing required. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314 (Ohio Supreme Court, 2010) (allied offenses merger doctrine applied to merger issue)
- State v. Strickland, 2012-Ohio-5125 (11th Dist. 2012) (res judicata and procedural bars in postconviction relief)
- State v. Cioffi, 2012-Ohio-299 (11th Dist. 2012) (allied offenses; Johnson-merger considerations)
- State v. Pound, 2012-Ohio-3392 (2d Dist. 2012) (res judicata and postconviction limits)