State v. Kidd
2017 Ohio 6996
Ohio Ct. App.2017Background
- David Kidd was indicted on trafficking and possession of cocaine and having weapons under disability; he moved to suppress a search warrant-related seizure.
- Judge Rastatter had signed the warrant; Judge Rastatter recused from deciding the suppression motion and Judge O’Neill heard it and denied suppression. Kidd later pled guilty to amended possession and weapons-under-disability counts and received an aggregate 8.5-year sentence.
- Kidd did not appeal his conviction or sentence. He filed a post-conviction petition alleging fraud on the court and that Judge Rastatter should have been disqualified for bias.
- While the petition was pending, Kidd filed an affidavit of disqualification with the Ohio Supreme Court; Chief Justice O’Connor denied it as untimely and insufficient to show bias.
- The trial court denied Kidd’s post-conviction petition without an evidentiary hearing on res judicata grounds, and Kidd appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Kidd) | Held |
|---|---|---|---|
| Whether Kidd’s disqualification/recusal claim warranted relief | Waives/dismisses claim: Kidd failed to timely seek disqualification; Chief Justice has authority; claims could have been raised earlier | Judge Rastatter’s prior role (signing warrant) and prior proceedings involving Kidd show bias and fraud on the court, requiring recusal | Denied: claims were waived/untimely and insufficient; Supreme Court already rejected disqualification; res judicata bars relitigation |
| Whether petition raised substantive grounds for post-conviction relief (fraud on the court) | Petition lacks new operative facts outside the record to overcome res judicata | Alleged fraud and judicial participation made judgment void/voidable and required vacatur | Denied: petition barred by res judicata and failed to present new evidence; trial court did not abuse discretion |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (standards for denying post-conviction relief without an evidentiary hearing)
- State v. Gondor, 112 Ohio St.3d 377 (Ohio 2006) (appellate standard for reviewing denial of post-conviction relief)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard defined)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars claims that were or could have been raised on direct appeal)
- State v. Aldridge, 120 Ohio App.3d 122 (Ohio App.) (new evidence outside the record required to overcome res judicata in post-conviction petitions)
- State v. Jackson, 149 Ohio St.3d 55 (Ohio 2016) (res judicata application to post-conviction claims)
- In re Disqualification of Nastoff, 134 Ohio St.3d 1232 (Ohio 2012) (judge who presided at trial not disqualified from hearing post-conviction petition absent evidence of bias)
- In re Disqualification of Basinger, 77 Ohio St.3d 1237 (Ohio 1996) (ruling that authorizing a warrant does not alone require disqualification absent evidence of inability to be impartial)