State v. McIntyre, 2013 Ohio 3281

1980: Elzie McIntyre tried by bench trial and found not guilty by reason of insanity on murder and related charges.
He was committed to mental-health facilities; an evidentiary hearing occurred on June 17, 1981.
June 17, 1981: Court filed an entry terminating the case and ordering McIntyre "immediately discharged."
June 24, 1981: Court filed a nunc pro tunc "Amended Entry and Order of Conditional Release" referencing the June 17 hearing and imposing conditions (monitoring, medication, counseling) on McIntyre’s release.
McIntyre complied with conditions for 30+ years and had biennial court reviews.
August 28, 2012: McIntyre moved to dismiss the 1981 nunc pro tunc entry, arguing it improperly modified a final judgment; the trial court denied the motion and McIntyre appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court lacked jurisdiction to issue the June 24, 1981 nunc pro tunc entry	State: The nunc pro tunc may have simply reflected what the court actually decided at the June 17 hearing; absence of transcript means plaintiff cannot prove misuse	McIntyre: The nunc pro tunc altered a final, unconditional discharge entered June 17, 1981, which is impermissible — nunc pro tunc cannot change a final judgment	Court affirmed denial of McIntyre’s motion: without a transcript or record of what was actually decided on June 17, McIntyre failed to show the nunc pro tunc was an improper modification of a final judgment

State v. Miller, 127 Ohio St.3d 407 (2010) (nunc pro tunc may only reflect what the court actually decided; cannot supply what was not decided)
National Life Ins. Co. v. Kohn, 133 Ohio St. 111 (1937) (an improper nunc pro tunc entry is void)