State v. Hickman
2012 Ohio 2182
Ohio Ct. App.2012Background
- Donna Wade was shot after being abducted by Tim and Dreama Azbell and a black male in a red Chevy Blazer; Wade identified Hickman from a photo lineup.
- Hickman was indicted on attempted murder, felonious assault, kidnapping, aggravated robbery and tampering with evidence.
- Hickman moved to suppress the photo lineup identification; the trial court denied the motion.
- Hickman pleaded no contest and was sentenced to a combined 26 years with no judicial release.
- A direct appeal affirmed the suppression ruling’s lack of prejudice due to Hickman’s no-contest plea, and the conviction stood.
- Hickman later sought vacatur of his sentence; the trial court denied; appellate relief was sought via delayed appeal due to mail delay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether allied offenses should merge under Johnson | Hickman argues Johnson requires merging allied offenses of similar import. | State argues res judicata and finality bar Johnson-based relief. | Res judicata and finality bar relief; Johnson not retroactive. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010) (defining allied offenses under R.C. 2941.25(A))
- Brown v. State, 119 Ohio St.3d 447 (2008) (single act/single state of mind analysis for allied offenses)
- Blankenship v. state's, 38 Ohio St.3d 119 (1980) (same conduct suffices for allied offenses)
- Ali v. State, 104 Ohio St.3d 328 (2004) (nonretroactivity of new favorable law on final judgments)
- State v. Parson, 2012-Ohio-730 (Ohio 2nd Dist. 2012) (new judicial ruling applies only to cases pending on announcement date)