State v. Cupp, 124 N.E.3d 811

In June 2015 Geauga County indicted Adam R. Cupp on multiple felonies; bond was set and later increased to $400,000. Cupp was already jailed on a probation-violation sentence from an unrelated domestic-violence case.
After pleading guilty in June 2016 to attempted abduction and endangering children, the written plea left jail-time credit to be determined at sentencing.
At sentencing the trial court awarded credit only from July 30, 2016—the day after Cupp finished serving the unrelated probation-violation sentence—rather than from the date his bond was increased.
The Eleventh District reversed, reading the jail-credit statute to require credit from the date bail was revoked/denied, regardless of concurrent confinement on an unrelated sentence; it certified conflict with several other districts.
The state appealed to the Ohio Supreme Court; Cupp died during the proceedings. The Court exercised discretion to resolve the certified conflict question despite the defendant’s death.
The Supreme Court held that a defendant is not entitled to jail-time credit for presentence detention on a case while he is simultaneously serving a sentence on an unrelated case, and reversed the court of appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jail-time credit must include pretrial confinement while defendant concurrently served an unrelated sentence	State: credit should start after unrelated sentence ends; confinement before then was for the unrelated case	Cupp: credit from date bail was revoked/increased because confinement related to inability to make bail on this case	No — credit begins when confinement relates to the offense being sentenced (here, after unrelated sentence ended)
Whether the Court should decide certified conflict after defendant’s death	State: conflict presents significant statewide issue; Court may answer despite mootness	Defense: defendant’s death moots the appeal; Court should dismiss	Court exercised discretion to decide; resolved conflict on merits
Proper interpretation of R.C. sentencing/jail-credit statutes (as applied)	State: statutes require credit only for confinement arising out of the offense being sentenced	Cupp: statutory language (“any reason arising out of the offense”) requires credit including confinement in lieu of bail even if concurrent with unrelated sentence	Court: confinement must be for a reason arising out of the offense being sentenced; concurrent unrelated confinement does not qualify until that confinement ends
Whether remand required after reversal given defendant’s death	State: N/A (seeking statewide resolution)	Defense: N/A	No remand necessary because defendant is deceased

Makley v. State, 128 Ohio St. 571 (Ohio 1934) (death of criminal defendant during appeal generally moots case)
Dove v. United States, 423 U.S. 325 (U.S. 1976) (certiorari dismissed when petitioner died; illustrates mootness by death)
Franchise Developers, Inc. v. Cincinnati, 30 Ohio St.3d 28 (Ohio 1987) (Court may decide technically moot appeals when issue remains of public or great general interest)
State v. Fugate, 117 Ohio St.3d 261 (Ohio 2008) (explains equal-protection foundations of Ohio’s jail-time-credit scheme)