2021 Ohio 4262
Ohio Ct. App.2021Background
- In 2014 Matthew M. Lusane was convicted of OVI enhanced to a fourth-degree felony based on an element requiring five prior OVI convictions within 20 years.
- This court affirmed the felony conviction on direct appeal in 2016.
- Lusane later challenged two municipal-court prior entries because each lacked a single Crim.R. 32(C) judgment entry that set forth both conviction and sentence; this court ordered the municipal court to issue compliant entries on remand.
- Lusane filed a motion in the common pleas court to vacate his 2014 felony OVI, arguing the prior entries were "facially void" and therefore the common pleas court lacked subject-matter jurisdiction to enhance the charge.
- The common pleas court denied the motion; Lusane appealed, arguing the judgment was void and could be corrected at any time.
- The appellate court held the defects did not strip subject-matter jurisdiction, the errors were voidable not void, and Lusane’s collateral attack was barred by res judicata/forfeiture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common pleas court lacked subject-matter jurisdiction to enter a felony OVI because two prior municipal entries failed to comply with Crim.R. 32(C) | State: municipal-entry defects do not deprive the common pleas court of jurisdiction; any error is voidable | Lusane: the prior entries were "facially void," so the enhancement element failed and the court lacked jurisdiction | Court: municipal courts had jurisdiction over the misdemeanors; Crim.R.32(C) defects do not render the judgments void; error was voidable, not jurisdictional |
| Whether Lusane may collaterally attack the felony judgment after not raising the issue on direct appeal | State: the claim is forfeited/res judicata applies because the error is voidable | Lusane: collateral relief is available to correct a manifest miscarriage of justice/plain error | Court: follows Harper/Henderson—traditional void/voidable rule; because error is voidable, Lusane forfeited the objection by not raising it on direct appeal; res judicata bars the collateral attack |
Key Cases Cited
- State v. Gwen, 928 N.E.2d 626 (Ohio 2012) (when state uses a prior-judgment entry to prove a prior conviction for enhancement, the entry must comply with Crim.R. 32(C))
- State v. Harper, 159 N.E.3d 248 (Ohio 2020) (reaffirmed traditional void vs. voidable distinction: only judgments rendered by a court lacking subject-matter or personal jurisdiction are void)
- State v. Henderson, 162 N.E.3d 776 (Ohio 2020) (same; errors in exercise of jurisdiction are voidable and subject to forfeiture if not timely raised)
- State v. Perry, 226 N.E.2d 104 (Ohio 1967) (res judicata bars raising on collateral attack matters that were or could have been raised on direct appeal)
- Tari v. State, 159 N.E. 594 (Ohio) (forfeiture principle: failure to timely assert errors in a voidable judgment forfeits objection)
- State ex rel. Coss v. Hoddinott, 243 N.E.2d 59 (Ohio 1968) (common pleas court has jurisdiction over misdemeanors absent express exclusive vesting in inferior courts)