State v. Landon
2021 Ohio 3553
| Ohio Ct. App. | 2021Background
- Robert E. Landon, III, a 2019 candidate for Marion City Auditor, was charged with two election-related misdemeanors arising from distribution of sample ballots on or about Oct. 27, 2019: (1) violating R.C. 3599.43 (sending communications purporting to be from a board of elections) and (2) violating R.C. 3505.08 (distribution of sample ballots by a candidate or party).
- Landon pled not guilty, demanded a jury trial, and later filed a motion to dismiss raising First Amendment, Equal Protection, Due Process, and statutory-preemption/administrative-exhaustion arguments (including R.C. 3517.20/Elections Commission issues).
- The trial court granted Landon’s motion to dismiss on March 10, 2021, not on the constitutional or statutory-exhaustion grounds raised by Landon, but because both complaints were facially deficient for failing to allege essential elements of the offenses.
- The State appealed, raising two assignments of error: (1) the dismissal must be presumed without prejudice and thus is not a final appealable order; and (2) if appealable, the trial court abused its discretion by failing to allow the State to amend the complaint.
- The appellate court affirmed: (1) the dismissal was a final appealable order under State v. Craig (R.C. 2945.67(A) permits state appeals of dismissals), and (2) the trial court did not abuse its discretion in dismissing rather than sua sponte allowing amendment because the State never requested an opportunity to amend and no prejudice was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality: whether dismissal is a final, appealable order | State: dismissal presumed without prejudice → not appealable | Landon: dismissal is appealable under statute/case law | Court: Dismissal is appealable; State may appeal under R.C. 2945.67 per State v. Craig |
| Failure to permit amendment of the complaint | State: trial court should have allowed amendment to cure defects | Landon: State never requested amendment; court may dismiss for facial defects | Court: No abuse of discretion; trial court properly dismissed sua sponte where State showed no prejudice and did not seek amendment |
Key Cases Cited
- State v. Craig, 116 Ohio St.3d 135 (2007) (state may appeal dismissal of indictment/complaint under R.C. 2945.67(A))
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion)