State v. Collins
2017 Ohio 648
| Ohio Ct. App. | 2017Background
- In 2012 Collins was indicted for attempted murder (R.C. 2903.02(A) with R.C. 2923.02(A)), aggravated robbery, felonious assault (nolled), and firearm specifications after a victim was robbed and shot.
- Collins pled guilty in 2013 to attempted murder (purposely causing death), aggravated robbery, and firearm specifications; the court imposed an agreed concurrent sentence (total eight years) in January 2014; no direct appeal was filed.
- In March 2015 Collins moved to vacate the attempted-murder conviction, arguing under State v. Nolan that "attempted felony murder" is non-cognizable and a conviction for a non-cognizable offense is void and attackable at any time.
- The trial court did not rule for ten months; Collins filed an original action to compel a ruling, and the appellate court ordered the trial court to rule. The trial court overruled the motion on April 1, 2016.
- Collins appealed, arguing Nolan required vacatur of his attempted-murder conviction; the state countered with res judicata and that Nolan did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins's attempted-murder conviction is void because Nolan declared "attempted felony murder" non-cognizable | State: Nolan does not apply to convictions under R.C. 2903.02(A); conviction is valid | Collins: Nolan makes attempted murder (as charged) non-cognizable and thus void and attackable anytime | Court: Nolan applies only to attempts under R.C. 2903.02(B) (felony murder). Collins pled to and was convicted under R.C. 2903.02(A) (purposeful murder). Conviction is cognizable; motion denied. |
| Whether collateral relief is barred by res judicata or saved because a void judgment can be attacked anytime | State: Res judicata bars challenges that could have been raised on direct appeal | Collins: A void judgment may be attacked at any time; Nolan-created voidness permits collateral attack | Court: Not reached as dispositive because Nolan inapplicable; Collins’s conviction is not void, so res judicata argument unnecessary. |
Key Cases Cited
- State v. Nolan, 141 Ohio St.3d 454 (Ohio 2014) ("Attempted felony murder" is not a cognizable offense under Ohio law)
- State v. Fry, 125 Ohio St.3d 163 (Ohio 2010) (explains felony-murder theory and lack of intent-to-kill mens rea for R.C. 2903.02(B))
- Lingo v. State, 138 Ohio St.3d 427 (Ohio 2014) (void judgments are subject to collateral attack at any time)
- State v. Bryan, 101 Ohio St.3d 272 (Ohio 2004) (discusses elements and sufficiency for attempted murder under R.C. 2903.02(A) and R.C. 2923.02)
- State v. Kidder, 32 Ohio St.3d 279 (Ohio 1987) (elements of attempted murder: purposely, conduct which if successful would cause death)