State v. Keith
2016 Ohio 7359
| Ohio Ct. App. | 2016Background
- Troy Lee Keith was convicted in 2005 of numerous theft-, tampering-, and RICO-related offenses arising from a mortgage-foreclosure scheme and was sentenced to a multi-decade prison term and restitution.
- Following conviction, Keith pursued multiple postconviction petitions and appeals; this court previously reversed some convictions and remanded for resentencing and adjustment of restitution, and the resentencing produced a longer aggregate term.
- In October 2015 Keith filed an "Instanter Motion to Dismiss Indictment and Discharge Defendant," asserting double jeopardy/collateral estoppel and ineffective assistance for failure to assert collateral estoppel, and requesting a hearing.
- The state moved to treat the filing as a postconviction petition, argued untimeliness and res judicata, and opposed a hearing.
- The trial court treated the filing as Keith’s fifth petition for postconviction relief, denied it as untimely and meritless, and the court of appeals affirmed.
Issues
| Issue | State's Argument | Keith's Argument | Held |
|---|---|---|---|
| Whether the trial court properly construed the filing as a postconviction petition | State: The filing raised constitutional claims after direct appeal and thus is a postconviction petition under R.C. 2953.21 | Keith: The filing was not a postconviction petition but a motion to dismiss based on collateral estoppel/double jeopardy | Court: Properly treated as a postconviction petition and subject to statutory timeliness rules |
| Whether the petition was timely and whether exceptions apply | State: Petition is untimely under R.C. 2953.21(A)(2) and Keith failed to show statutory exceptions | Keith: His double jeopardy/collateral estoppel claim warrants relief and was newly recognized | Court: Untimely; Keith failed to show unavoidable prevention or a new retroactive right; claims also barred by res judicata |
| Whether denial without allowing Keith to file a reply violated due process or Civ.R. 6(C) | State: Trial court may rule without further pleading when petition fails on its face | Keith: Court ruled before his reply was received, denying procedural rights | Court: No error; courts may dismiss facially insufficient postconviction petitions without supplemental pleadings |
| Whether an evidentiary hearing and disqualification were required (judicial bias) | State: No hearing required where petition contains no substantive grounds; disqualification must be pursued under R.C. 2701.03 | Keith: Trial judge was biased; petition warranted a hearing | Court: No error or bias; no hearing required where files and records show no substantive grounds; disqualification proceedings are not reviewable on appeal |
Key Cases Cited
- State v. Reynolds, 79 Ohio St.3d 158 (establishes that postconviction petitions are motions filed after direct appeal that seek vacation/correction of sentence on constitutional grounds)
- State v. Szefcyk, 77 Ohio St.3d 93 (res judicata bars issues that were or could have been raised on direct appeal)
- State v. Foster, 109 Ohio St.3d 1 (sentencing principles relevant to remand and resentencing)
- State v. Lovejoy, 79 Ohio St.3d 440 (collateral estoppel does not generally bar subsequent criminal prosecutions under the facts asserted)