2020 Ohio 2989
Ohio Ct. App.2020Background
- Kennedy was indicted for murder and felonious assault with firearm specifications arising from her husband’s March 10 shooting; tried by jury in November 2017 and convicted.
- Sentenced December 21, 2017 to 3 years on the firearm spec and a consecutive mandatory 15 years-to-life on murder.
- Kennedy appealed; this court affirmed her convictions in October 2018.
- She filed a postconviction petition under R.C. 2953.21 on March 22, 2019; the State moved for summary judgment and the trial court granted it on June 11, 2019.
- Kennedy failed to timely appeal the June 11 summary-judgment order and instead filed a Civ.R. 60(B) motion on July 18, 2019 seeking relief (based on counsel’s alleged excusable neglect) to permit a timely appeal; the trial court denied the 60(B) motion on August 9, 2019.
- Kennedy appealed the denial, arguing the court erred by denying relief without a hearing so she could pursue a delayed appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Civ.R. 60(B) relief without a hearing to revive a lost appeal | State: 60(B) is not a vehicle to extend the time to appeal; Kennedy showed no substantive grounds warranting vacatur | Kennedy: Counsel’s failure to file a timely appeal was excusable neglect under Civ.R. 60(B)(1); relief should be granted so she can appeal the postconviction ruling | Court: Denial affirmed — 60(B) cannot be used merely to reset the appeal clock absent meritorious, substantive grounds; no basis shown for relief |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976) (sets three-part test for Civ.R. 60(B) relief).
- Strack v. Pelton, 70 Ohio St.3d 172 (1994) (all three GTE elements must be satisfied).
- Key v. Mitchell, 81 Ohio St.3d 89 (1998) (Civ.R. 60(B) cannot substitute for a timely appeal or extend the appeal period).
- Steadley v. Montanya, 67 Ohio St.2d 297 (1981) (trial court may vacate its own judgment under Civ.R. 60(B) when valid on the record, even if effect extends appeal time).
- Griffey v. Rajan, 33 Ohio St.3d 75 (1987) (abuse-of-discretion standard for reviewing trial court rulings on Civ.R. 60(B)).
- State v. Nichols, 11 Ohio St.3d 40 (1984) (postconviction relief under R.C. 2953.21 is a civil proceeding).
- Graham v. Drydock Coal Co., 76 Ohio St.3d 311 (1996) (questions of law are reviewed de novo).
- Nationwide Mut. Fire Ins. Co. v. Guman Bros. Farm, 73 Ohio St.3d 107 (1995) (de novo review principles).
- Ohio Bell Tel. Co. v. Pub. Util. Comm., 64 Ohio St.3d 145 (1992) (de novo review principles).