2023 Ohio 669
Ohio Ct. App.2023Background
- Two indictments were filed under the same case number: a secret May 7, 2021 indictment charging two counts of first‑degree involuntary manslaughter, and a June 4, 2021 indictment charging four different felonies (murder, felonious assault, involuntary manslaughter, reckless homicide).
- Kuntz was arraigned on both indictments, pled not guilty, and the same appointed counsel represented him throughout.
- At the start of the jury trial (proceeding on the June 4 indictment), the State orally moved to dismiss the two counts from the May 7 indictment and the trial court orally granted the dismissal.
- The case proceeded to trial on the four counts in the June 4 indictment; the jury convicted Kuntz of murder, felonious assault, and reckless homicide and acquitted/dismissed the third‑degree involuntary manslaughter count.
- The trial court’s written judgment entries (conviction and sentence) did not include a journal entry formally dismissing the two counts in the May 7 indictment.
- Because the earlier counts remained pending on the journal, the appellate court held the trial court’s judgment was not a final, appealable order and dismissed the appeal for lack of jurisdiction without reaching the merits of Kuntz’s assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Final order / jurisdiction (hanging counts) | State: First‑indictment counts were dismissed at trial | Kuntz: appealed the conviction and raised merits issues | Oral dismissal not journalized; counts remain pending; no final order; appeal dismissed |
| Ineffective assistance of counsel | State: counsel adequate / denies defect | Kuntz: counsel provided constitutionally ineffective assistance | Not reached — appeal dismissed for lack of jurisdiction |
| Sufficiency of evidence (murder, felonious assault) | State: evidence supports convictions; Crim.R.29 denial proper | Kuntz: insufficient evidence; Crim.R.29 should have been granted | Not reached — appeal dismissed for lack of jurisdiction |
| Manifest weight / constitutionality of felony‑murder | State: convictions supported; felony‑murder valid | Kuntz: convictions against manifest weight; felony‑murder unconstitutional | Not reached — appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Smith v. Chen, 142 Ohio St.3d 411 (2015) (discussing R.C. 2505.02 and what constitutes a final, appealable order)
- State v. Lester, 130 Ohio St.3d 303 (2011) (elements of a journalized judgment of conviction forming a final order)
- State ex rel. Rose v. McGinty, 128 Ohio St.3d 371 (2011) (clarifying that dismissed or nolled counts must be journalized to create a final order)