State v. Dye
127 Ohio St. 3d 357
| Ohio | 2010Background
- Dye, intoxicated and with a suspended license, struck Robbie Arnold, injuring him severely in 1999.
- Dye was indicted on aggravated vehicular assault (count) and DUI (count), with three specifications attached to the assault count.
- Dye pleaded guilty in 1999 to the first two counts and to the first specification; the state dismissed the other two specifications and did not reserve the right to file additional charges if Arnold died.
- Dye was sentenced in December 1999 to the maximum terms for the counts; Arnold died in 2006, prompting the state to pursue aggravated vehicular-homicide charges.
- The trial court and court of appeals rejected Dye’s Carpenter-based defense; the Ohio Supreme Court ultimately held that Dye’s 1999 plea was a negotiated guilty plea, requiring an express reservation to file later homicide charges, which the state did not make.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dye's 1999 guilty plea was a negotiated plea under Carpenter | Dye | Dye did not gain a reduced charge or favorable sentencing; no negotiated agreement. | Yes; the plea was negotiated under Carpenter. |
| Whether the state had to expressly reserve the right to file later homicide charges | Dye | The state need not reserve if no negotiated plea. | Yes; reservation required to pursue homicide later. |
| Whether double jeopardy bars the later homicide charge | Dye | Double jeopardy not triggered by post-plea death. | No; not dispositive to bar prosecution under double jeopardy. |
| What evidentiary record supports the existence of a negotiated plea | Dye | Record shows bond continuation discussions and partial dismissal; supports negotiated plea. | Record supports existence of a negotiated plea; the state failed to reserve rights. |
Key Cases Cited
- Carpenter v. Ohio St.3d, 68 Ohio St.3d 59 (1993) (held that a death resulting after a negotiated guilty plea requires express reservation to file homicide charges)
- Santobello v. New York, 404 U.S. 257 (1971) (promises in plea agreements must be fulfilled)
- Diaz v. United States, 223 U.S. 442 (1912) (death of victim crucial to establishing homicide; elements timing matters)
- Brown v. Ohio, 432 U.S. 161 (1977) (only at victim’s death can homicide offense be charged)
- State v. Thomas, 61 Ohio St.2d 254 (1980) (predecessor on double jeopardy interplay with successive prosecutions)