State v. McCain
2017 Ohio 7518
| Ohio Ct. App. | 2017Background
- Michael D. McCain pled guilty in 2004 to felony murder and aggravated robbery; falsification count was dismissed; sentenced to 15-to-life (murder) and 7 years (robbery) concurrently.
- McCain did not appeal his 2004 conviction; over the years he filed numerous pro se motions challenging plea validity, counsel effectiveness, jurisdiction, and post-release control notifications.
- In 2013 the trial court treated several filings as untimely post-conviction petitions and dismissed them; this Court affirmed in 2014 (McCain I).
- In 2014 McCain argued his plea was involuntary because the court misadvised him about post-release control for the felony murder count; the trial court in July 2014 vacated post-release control as to the aggravated robbery count and denied his motion to withdraw the plea; this Court affirmed in 2015 (McCain II).
- McCain continued filing motions (2015–2016); the trial court issued another amended termination entry in July 2016 correcting post-release-control language for the robbery count; McCain appealed the 2016 dismissal of his petition to set aside the judgment.
- The appellate court affirmed, holding McCain’s claims were barred by res judicata, his post-conviction petition was untimely and not excused, and the limited defects in post-release-control notification did not render the entire sentence void.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McCain) | Held |
|---|---|---|---|
| 1. Whether McCain’s 2016 petition/motion to set aside pleads grounds to withdraw plea or for post-conviction relief not barred by res judicata or timeliness rules | The State argued prior decisions and filings dispose of the claims; res judicata/timeliness bars relief | McCain argued his plea was involuntary, counsel ineffective, and his judgment was void for lack of jurisdiction/notice | Court: Claims barred by res judicata; petition untimely under R.C. 2953.23 and not excused; First Assignment overruled |
| 2. Whether an incorrect post-release-control advisement renders the entire sentence void and open to collateral attack indefinitely | State: Errors in post-release-control do not make entire sentence void; Fischer limits endless collateral attacks | McCain: Trial court misadvised him about post-release control on felony murder, so plea/sentence are void | Court: Post-release-control error does not render whole sentence void; law of the case and Fischer bar repeated challenges; Second Assignment overruled |
| 3. Whether McCain received ineffective assistance of counsel at plea | State: Ineffective-assistance claims were or could have been raised earlier and are barred by res judicata | McCain: Trial counsel was absent/ineffective at arraignment/plea, depriving him of Sixth Amendment rights | Court: Claims properly barred by res judicata; Third Assignment overruled |
| 4. Whether trial court’s July 2016 amended termination entry (and prior July 2014 amendment) improperly altered sentencing or violated procedures | State: Amended entries corrected clerical/notification issues and did not prejudice McCain | McCain: The nunc pro tunc amendments changed fundamental rights and reimposed/altered counts without hearings | Court: Amendments were proper to correct post-release-control language; McCain failed to show prejudice; Fourth Assignment overruled |
Key Cases Cited
- State v. Fischer, 942 N.E.2d 233 (Ohio 2010) (post-release-control defects do not render entire sentence void; limited remedy and effect of clerical corrections)
- Perry v. State, 226 N.E.2d 104 (Ohio 1967) (res judicata bars raising issues in subsequent proceedings that were or could have been raised at trial or on appeal)
- Nolan v. Nolan, 462 N.E.2d 410 (Ohio 1984) (law-of-the-case doctrine: prior appellate decisions govern subsequent proceedings)
- State v. Baker, 893 N.E.2d 163 (Ohio 2008) (limitations on when nunc pro tunc entries may be treated as new appealable orders; clarifying requirements for sentencing entries)