State v. Manns
2012 Ohio 234
Ohio Ct. App.2012Background
- Indictment May 9, 2008 charged Manns with receiving stolen property and two counts of having weapons while under disability.
- Jury convicted Manns on the two weapons-under-disability counts September 19, 2008; hung on the receiving-stolen-property count.
- Sentencing entry September 23, 2008 imposed an aggregate 10-year term; firearms forfeited to the State.
- September 25, 2008 the State moved to dismiss Count I; dismissal entered September 29, 2008 without prejudice; Manns did not object or appeal the dismissal.
- Manns filed a de novo retrial motion January 3, 2011 and amended motion January 26, 2011 seeking dismissal with prejudice or retrial on Count I.
- Trial court denied the motions February 18, 2011; Manns appealed to this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality after hung jury and dismissal without prejudice | State argues final judgment exists on the convicted counts; dismissal without prejudice does not negate finality. | Manns contends no final, appealable order because Count I was not dismissed with prejudice; prevents jurisdiction. | Final judgment based on sentencing entry; appellate jurisdiction exists |
| Appellate jurisdiction of the Fifth District after hung jury | State asserts appellate court properly reviewed the conviction and sentence as final. | Manns argues the appeal was of a non-final, interlocutory order due to the dismissed count. | Court properly exercised jurisdiction; affirmed |
Key Cases Cited
- Richardson v. United States, 468 U.S. 317 (U.S. 1984) (retrial after hung jury does not violate double jeopardy)
- Klopfer v. North Carolina, 368 U.S. 213 (U.S. 1967) (prosecutor cannot indefinitely suspend prosecution)
- Berman v. United States, 302 U.S. 211 (U.S. 1937) (sentence constitutes judgment; finality analysis)