2017 Ohio 8581
Ohio Ct. App.2017Background
- In Nov. 2012 a Cuyahoga County grand jury indicted L’Ddaryl Ellis on 14 counts arising from two separate shootings, including counts related to the death of Elissa Hereford (murder, involuntary manslaughter, felonious assault, firearm specifications).
- Ellis waived a jury and proceeded to a bench trial in Mar. 2013. The trial court acquitted him of aggravated murder, found him guilty of murder (lesser included), involuntary manslaughter, felonious assault counts, and aggravated riot; several counts were later merged for sentencing.
- The trial court sentenced Ellis to 15 years-to-life for murder, consecutive to three years for firearm specifications; merged counts were not separately sentenced.
- On direct appeal (Ellis I) most convictions were affirmed; a later App.R. 26(B) application (Ellis II) to reopen was denied.
- In Apr. 2017 Ellis filed a pro se motion to correct an illegal/void sentence arguing he could not be convicted of both felony murder and involuntary manslaughter for the same death and that felony murder predicated on felonious assault was not a cognizable offense; the trial court denied the motion.
- Ellis appealed the trial court’s denial; the appellate court dismissed the appeal as barred by res judicata and the law of the case and as factually unpersuasive.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ellis) | Held |
|---|---|---|---|
| Whether Ellis could be convicted of both murder and involuntary manslaughter arising from the same death | State: convictions were properly merged for sentencing; no double jeopardy; prosecution of multiple counts is permitted | Ellis: convictions/punishment for both offenses violate double jeopardy and create an illegal sentence | Dismissed: argument precluded by res judicata; trial court merged counts and sentenced on one count, no double jeopardy violation per Ohio v. Johnson |
| Whether felony murder predicated on felonious assault is a cognizable offense post-Nolan | State: Nolan concerns attempted felony murder; Ellis was convicted of completed murder, so Nolan is inapplicable | Ellis: relying on Nolan, argues his murder conviction must be vacated because the offense is not cognizable | Dismissed: Nolan is distinguishable (it addressed attempted felony murder); Ellis’s convictions previously affirmed and are now law of the case |
Key Cases Cited
- Ohio v. Johnson, 467 U.S. 493 (1984) (continuing prosecution on other charges in a multicount indictment does not violate double jeopardy)
- State v. Murnahan, 63 Ohio St.3d 60 (1992) (standards for reopening appeals under App.R. 26(B))
- State v. Nolan, 141 Ohio St.3d 454 (2014) (attempted felony murder is not a cognizable crime in Ohio)