State v. Kinstle
2013 Ohio 850
Ohio Ct. App.2013Background
- Kinstle was indicted on 23 counts of Intimidation, a third-degree felony.
- Jury found Kinstle guilty on all counts on June 29, 2011.
- Sentencing on July 14, 2011: concurrent sentences for counts 1–12 and 13–23, with the two groups consecutive to yield eight years.
- This court previously affirmed the conviction and sentence in State v. Kinstle, 2012-Ohio-5952.
- Kinstle filed a petition for postconviction relief on June 4, 2012; the trial court summarily overruled on June 28, 2012 without findings of fact or law.
- Appeal dismissed for lack of jurisdiction due to nonfinal order lacking findings of fact and law
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction relief ruling is a final, appealable order | Kinstle contends the order is final and appealable | State concedes the order lacks findings, undermining finality | Appeal dismissed for lack of jurisdiction; no final order without findings |
Key Cases Cited
- State v. O’Black, 2010-Ohio-192 (3d Dist. No. 1-09-46 (2010)) (distribution of jurisdictional sua sponte review and finality)
- State v. Sandlin, 2006-Ohio-5021 (4th Dist. (2006)) (finality and jurisdiction in postconviction proceedings)
- Davison v. Rini, 115 Ohio App.3d 688 (4th Dist. (1996)) (finality requirements for appellate review)
- State v. Zamora, 2008-Ohio-4410 (3d Dist. (2008)) (need for findings of fact and law under R.C. 2953.21)
- Calhoun, 86 Ohio St.3d 279 (1999) (importance of findings of fact and conclusions of law)
- Lester, 41 Ohio St.2d 51 (1975) (adequate findings needed for final disposition)
- Evans, 2012-Ohio-1120 (9th Dist. (2012)) (findings required for final appealable order)
- Loper, 2003-Ohio-3213 (8th Dist. (2003)) (nonfinal orders lack appealability without findings)