2012 Ohio 686
Ohio Ct. App.2012Background
- Greenleaf pleaded guilty to unlawful sexual conduct with a minor and rape and was sentenced to nine years in prison.
- This Court previously vacated the sentence and remanded for proper post-release control advisement.
- On remand, Greenleaf moved to withdraw his guilty plea and vacate the sentence; the trial court vacated the sentence but denied withdrawal; this Court reversed, allowing withdrawal.
- After Fischer (an intervening Supreme Court decision) changed the effect of post-release-control errors, the trial court relied on Fischer to hold res judicata barred withdrawal, and denied a motion to dismiss; Greenleaf appealed.
- Greenleaf argued the mandate required withdrawal despite Fischer; the State argued Fischer controlled and barred withdrawal.
- The court ultimately held that Fischer applied to bar withdrawal due to res judicata and that the motion to dismiss was moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Fischer constitute an intervening decision overruling law of the case? | Greenleaf contends Fischer overrides prior mandate. | State argues Fischer is intervening and controls. | Yes; Fischer renders the prior mandate non-binding on withdrawal. |
| Is Greenleaf's motion to withdraw barred by res judicata under Fischer? | Greenleaf asserts lack of final judgment renders res judicata inapplicable. | State maintains res judicata bars the motion. | Yes; res judicata bars withdrawal under Fischer. |
| Is the motion to dismiss moot after Fischer ruling? | Greenleaf contends dismissal should be decided on merits absent withdrawal. | Dismissal moot if withdrawal barred. | Moot; affirmance of denial on basis of Fischer. |
Key Cases Cited
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (void sentence under post-release-control error; general res judicata considerations)
- State v. Boswell, 121 Ohio St.3d 575 (2009-Ohio-1577) (presentence motion under Crim.R. 32.1 for void sentence withdrawal)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (partial voidness; res judicata applies to other merits; new sentencing limited to post-release control)
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (mandate limitations on inferior court absent extraordinary circumstances)
- Hopkins v. Dyer, 104 Ohio St.3d 461 (2004-Ohio-6769) (distinction between res judicata and law of the case; intervening decisions)
- State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (res judicata bars claims that could have been raised on appeal)