State v. Goodman
2014 Ohio 4884
Ohio Ct. App.2014Background
- Goodman appeals the trial court's denial of a motion to establish a payment plan for court costs; the appellate court dismisses for lack of jurisdiction.
- He was convicted in 2004–2006 for a robbery spree and sentenced to prison; the judgment included costs of prosecution.
- This court previously affirmed the costs issue on direct appeal; the Supreme Court declined jurisdiction.
- In 2009 he moved to vacate his sentence; the court denied, and cost issues were not raised in the petition.
- In 2014 he again sought a payment plan; the court denied, later characterized as res judicata; this appeal followed.
- The Eleventh District dismissed the appeal for lack of jurisdiction, citing final-judgment and res judicata principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality of denial for payment plan appeal | Goodman argues he has a statutory right to a court-ordered payment plan under RC 2947.23 and due process/equal protection. | Court denial is not a final appealable order and res judicata applies. | Not a final appealable order; even if final, res judicata applies. |
| Effect of res judicata on second motion | New RC 2947.23(C) modifies jurisdiction and allows payment-plan relief. | Second denial seeks the same relief as the first and is barred by res judicata. | Barred by res judicata. |
| Appellate jurisdiction to review denial of payment plan | Appellate review should extend to the trial court's denial of a payment plan. | There is no jurisdiction absent a final appealable order. | Jurisdiction lacking; appeal dismissed. |
Key Cases Cited
- State v. Pasqualone, 140 Ohio App.3d 650 (11th Dist.2000) (final-appealability and substantial rights framework; denial of costs not final)
- State v. Shinkle, 27 Ohio App.3d 54 (12th Dist.1986) (final-appealability concepts; costs issues not final)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata principle in criminal convictions)
