State v. Kelly
2013 Ohio 3675
Ohio Ct. App.2013Background
- Kelly was indicted in 2008 on cocaine trafficking and possession, with multiple specifications, along with co-defendant Sudinia Johnson.
- A GPS device was placed on Johnson's van and tracked to Chicago; Medellin observed Johnson and Kelly at a residence after the van traveled to Butler County.
- Police stopped the vehicles in Butler County and found seven kilos of cocaine in Kelly's car; Kelly pled not guilty.
- Kelly moved to suppress the stop and the trunk search, and challenged the GPS placement; the trial court denied the motion.
- Kelly entered a no contest plea, was convicted on all charges, the court merged to a single cocaine possession count, and sentenced to 11 years with fines and forfeitures.
- On direct appeal in 2010, the conviction was affirmed; Kelly did not appeal to the Ohio Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to hear a post-sentence Crim.R. 32.1 motion | Kelly argued the motion should be entertained despite appellate affirmation. | The state argues the trial court lacked jurisdiction after direct-appeal affirmation. | Trial court lacked jurisdiction; affirmance ended authority to entertain post-sentence Crim.R. 32.1 motion. |
| Whether Jones retroactively entitles withdrawal of a no contest plea | Kelly contends Jones should permit withdrawal of the plea. | Jones does not apply retroactively to final convictions not pending on its announcement. | Jones not retroactively applicable; withdrawal denied. |
Key Cases Cited
- State v. Kelly, 188 Ohio App.3d 842 (2010-Ohio-3560) (affirmed conviction on direct appeal; later questions of Jones)
- State v. Williams, 12th Dist. Clermont No. CA2012-08-060 (2013-Ohio-1387) (manifest injustice standard for Crim.R. 32.1 motions)
- State v. McMahon, 12th Dist. Fayette No. CA2009-06-008 (2010-Ohio-2055) (extraordinary-case standard for Crim.R. 32.1 relief)
- State v. Kovacek, 9th Dist. Lorain No. 02CA008115 (2002-Ohio-7003) (post-appeal Crim.R. 32.1 lacks jurisdiction after affirmance)
- State v. Madaffari, 12th Dist. Butler No. CA2004-08-193 (2005-Ohio-3625) (new judicial ruling not retroactive to final convictions)