State v. Jackson
2015 Ohio 7
Ohio Ct. App.2015Background
- Nathaniel Jackson was convicted in 2002 of two counts of aggravated murder, aggravated burglary, and aggravated robbery; the jury recommended death and the trial court imposed it.
- Jackson’s convictions and death sentence were affirmed on direct appeal to the Ohio Supreme Court in 2006.
- Co-defendant Donna Roberts’s death sentence was later vacated by the Ohio Supreme Court because of ex parte collaboration between the prosecutor and Judge John M. Stuard in drafting the court’s sentencing opinion; similar drafting practices were later found to have occurred in Jackson’s case.
- Jackson has pursued multiple postconviction and collateral motions over several years, including a Civ.R. 60(B) motion and motions for new trial/resentencing; some proceedings resulted in remand for resentencing and other appeals remain pending.
- On June 28, 2013 Jackson filed a second postconviction petition raising 19 grounds; the trial court dismissed all grounds (mostly as untimely or barred by res judicata) and denied relief without a hearing; Jackson appealed.
- The Eleventh District affirmed: it held 18 of 19 grounds were untimely under R.C. 2953.21(A)(2), the sole timely claim (challenging the 2012 resentencing) was barred by res judicata, and the trial court’s findings sufficed for appellate review. Judge O’Toole dissented, arguing the appeal should be dismissed for lack of jurisdiction given overlapping proceedings and potential need to restart postconviction proceedings after resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court inspected full record before dismissal | Jackson: trial court dismissed without reviewing trial transcripts (most were with Ohio Supreme Court) | State: court had copies and reviewed files as required by R.C. 2953.21(C) | Court: no evidence entire record unavailable; claim lacks merit |
| Entitlement to discovery in postconviction proceedings | Jackson: trial court erred by denying discovery | State: discovery discretionary; court may deny if petition fails to state substantive grounds | Court: denying discovery was not abuse of discretion |
| Timeliness under R.C. 2953.21(A)(2) | Jackson: petition (filed 6/28/2013) should be timely following 2012 resentencing | State: 18 of 19 grounds attack underlying conviction and are governed by original appeal deadline; only claim attacking 2012 resentencing could be timely | Court: 18 grounds untimely; only 16th ground timely but ultimately barred by res judicata |
| Need for hearing / summary dismissal | Jackson: petition alleged sufficient facts to warrant hearing | State: no substantive grounds shown to merit hearing; claims untimely or barred | Court: no substantive grounds for relief; summary dismissal affirmed |
Key Cases Cited
- State v. Jackson, 107 Ohio St.3d 300 (Ohio 2006) (affirming convictions and death sentence on direct appeal)
- State v. Roberts, 110 Ohio St.3d 71 (Ohio 2006) (vacating death sentence because of ex parte communication in preparing sentencing opinion)
- State v. Roberts, 137 Ohio St.3d 230 (Ohio 2013) (vacating death sentence and remanding for resentencing where similar drafting procedures occurred)
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (trial court considering postconviction petition must review the entire record; findings needed for non-originating judge)
- State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (res judicata bars issues raised or that could have been raised on direct appeal)
- Perry v. State, 10 Ohio St.2d 175 (Ohio 1967) (establishing applicability of res judicata to criminal postconviction claims)