State v. Glover
2012 Ohio 6006
Ohio Ct. App.2012Background
- Appellant Barnett W. Glover, pro se, appeals a January 4, 2012 judgment denying his motion to vacate void judgment and order new sentencing hearing in Washington County Common Pleas Court.
- Appellant pled guilty in 2007 to two counts of unlawful sexual contact with a minor and received consecutive four-year prison terms plus a designation as a sexually oriented offender.
- That 2007 judgment was previously affirmed in State v. Glover, 4th Dist. No. 07CA17, 2007-Ohio-5868 (Glover I).
- In 2011, Glover moved to vacate the void judgment asserting lack of notice for the sexual offender classification hearing required by law.
- The trial court denied the motion, finding notice was given or waived by failure to object at sentencing or on direct appeal; Glover timely appealed.
- The court ultimately affirmed, holding issues raised about notice and ineffective assistance were barred by res judicata or not properly preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s ruling declaring the sentence void due to notice issues was correct. | Glover argues notice deficiency under R.C. 2950.09 makes the judgment void. | State asserts notice issues were waived or barred by res judicata and the judgment stands. | Ruling affirmed; issues deemed waived/ barred; no reversible error on notice. |
| Whether a potential notice defect can render the entire 2007 sentence voidable or void. | Glover contends the failure to follow statutory notice renders the sentence void. | State contends at most voidable, not void; could have been raised on direct appeal. | Court adopts view that defect is voidable, not void; res judicata bars reassertion. |
| Whether ineffective assistance of counsel was properly preserved and merits review. | Glover asserts ineffective assistance of trial counsel. | Issue not preserved for review and barred by res judicata, previously addressed in Glover I. | Overruled; issue barred by res judicata and lack of preserved claim. |
Key Cases Cited
- State v. Glover, 2007-Ohio-5868 (4th Dist. 2007) (Glover I; prior affirmed judgment on guilty plea and sentence)
- State v. Beach, 2012-Ohio-1630 (4th Dist. 2012) (waiver and res judicata bar subsequent appeals)
- State v. Davis, 2010-Ohio-5294 (4th Dist. 2010) (waiver and res judicata principles apply on successive review)
- State v. Hobbs, 2009-Ohio-7065 (4th Dist. 2009) (res judicata applicability on direct appeal matters)
- State v. Harris, 2007-Ohio-4915 (9th Dist. 2007) (void vs voidable notice issue under prior statute)