State v. Lindsay
2021 Ohio 4526
| Ohio Ct. App. | 2021Background
- Ten-year-old victim reported to her school counselor that her mother's boyfriend (Lindsay) had been sexually assaulting her; she described multiple instances of oral and penile penetration.
- A hospital sexual-assault exam found physical evidence; DNA from the victim's underwear and pubic area matched Lindsay.
- Lindsay was indicted on multiple counts (rape, sexual battery, gross sexual imposition) but a jury convicted him of one count each of rape, sexual battery, and gross sexual imposition; the trial court merged allied counts and sentenced him to 10 years to life on the rape count.
- Lindsay’s direct appeal was affirmed by this court and further review was declined by the Ohio Supreme Court.
- Over subsequent years Lindsay filed numerous post-conviction motions (including DNA testing and motions for resentencing/new trial); the trial court denied them as untimely, successive, or barred by res judicata, and those rulings were repeatedly affirmed on appeal.
- In the instant appeal Lindsay challenged his sentence as contrary to law and a miscarriage of justice (arguing allied-offense and verdict-form/double-jeopardy issues, and that the court relied on “animus” without proper verdict elements); this court affirmed, holding the claims were barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lindsay's sentence is contrary to law (allied-offense sentencing) | State: issues are barred by res judicata; sentencing and allied-offense claims were or could have been raised earlier | Lindsay: trial court misapplied allied-offense law, used "animus" to enhance sentence without verdict-form elements, violating R.C. §§2941.25 and 2945.75 | Court: Claims are barred by res judicata; affirmed sentence |
| Whether the sentence is a manifest miscarriage of justice (double jeopardy/verdict defects) | State: same—issues are time-barred/successive and precluded by prior appeals | Lindsay: sentence is void or unjust because of allied-offense/double-jeopardy and improper sentencing basis | Court: Overruled; petition/time-bar/res judicata preclude review; judgment affirmed |
Key Cases Cited
- Perry, 10 Ohio St.2d 175 (establishing that a final conviction bars raising in later proceedings issues raised or that could have been raised on direct appeal)
- Reynolds, 79 Ohio St.3d 158 (holding that claims that could have been raised on direct appeal are barred in post-conviction proceedings)
- Lawson, 103 Ohio App.3d 307 (noting that relitigating or "re-packaging" issues/evidence previously litigated is prohibited by res judicata)