State v. Green
2013 Ohio 893
Ohio Ct. App.2013Background
- May 27, 1999: appellant indicted for murder with a firearm specification; jury verdict of guilt returned.
- August 21, 2002: court sentenced to 15 years to life plus the firearm term.
- Trial and direct/reopened direct appeal: conviction affirmed in prior appellate decisions (2004, 2005).
- May 11, 2012: appellant moved to vacate sentence, arguing void conviction due to misjournalized mistrial and improper indictment.
- May 15, 2012: trial court denied the motion; timely appeal filed.
- Issues concern journalization of mistrial, indictment sufficiency, jurisdiction, and nunc pro tunc remedy for manner of conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Journalization and jurisdiction of mistrial | Green contends no journal entry for mistrial and missing reasons voids proceedings. | State asserts mistrial journalized; reasons provided; issue barred by res judicata. | Assignment overruled; issues deemed non-jurisdictional and barred by res judicata. |
| Manner of conviction; Crim.R. 32(C) and nunc pro tunc remedy | Conviction entry fails to state manner of conviction (jury verdict). | Remedy is nunc pro tunc entry adding the manner of conviction; not void. | Remand for nunc pro tunc entry adding manner of conviction; judgment affirmed in part, reversed in part. |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (Ohio Supreme Court 2008) (final judgment must be a single entry containing plea, verdict, and sentence)
- State v. Lester, 130 Ohio St.3d 303 (Ohio Supreme Court 2011) (manner of conviction is form, not substance; nunc pro tunc remedy available)
- State v. Perry, 10 Ohio St.2d 175 (Ohio Supreme Court 1967) (final judgment and issues must be raised on direct appeal; res judicata principles)