State v. Feagan, 2011 Ohio 2025

Appellant Marco A. Feagin shot and killed James Williams in Mansfield on January 17, 2004; Williams died in surgery after being found near the DJ booth at the American Legion.
Appellant fled the area, turning himself in to law enforcement on June 27, 2004, after initially fleeing to Decatur, Illinois.
A Richland County Grand Jury indicted Feagin on one count of murder with a firearm specification, one count of possession of a firearm in a liquor permit premises, and one count of possession of a weapon under a disability.
A jury trial on December 13, 2004 resulted in guilty verdicts on all counts.
Feagin was sentenced to 15 years to life for murder (consecutive to a 3-year firearm spec), plus 1 year for possession of a firearm in a liquor permit premises and 1 year for possession of a weapon under disability (the latter two concurrent with the murder sentence).
Feagin’s direct appeal in 2006 was successful; he later moved for resentencing (2009) and for vacating void judgment (2010), leading to resentencing to impose mandatory post-release control.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court err by denying dismissal for unreasonable delay?	Feagin	Feagin	First assignment overruled
Did the prosecutor use perjured testimony?	Feagin	Feagin	Second assignment overruled
Is the conviction unsupportable due to insufficient evidence and weight issues?	Feagin	Feagin	Third assignment overruled
Did prosecutorial misconduct occur?	Feagin	Feagin	Fourth assignment overruled

State v. Brown, 2010-Ohio-4863 (Ohio) (CR 32A does not apply to resentencing when original sentence was void)
State v. Baker, 119 Ohio St.3d, 2008-Ohio-3330 (Ohio Supreme Court) (finality of direct appeal governs retroactivity on jurisdictional grounds)
State v. Loyer, 2010-Ohio-1181 (Ohio) (Baker may not apply retroactively to pre-Baker direct appeals)
State v. Griffin, 2011-Ohio-1638 (Ohio) (cited in dissent related to Baker/Loyer discussion)