State v. McIntyre
2013 Ohio 2077
Ohio Ct. App.2013Background
- McIntyre was convicted in 1991 of felonious assault and aggravated burglary with firearm specifications in Summit County Common Pleas Court.
- This Court previously affirmed the convictions and denials of post-conviction relief; subsequent collateral actions continued over years.
- In September 2012, the trial court denied nine motions filed by McIntyre.
- Assignments of error on appeal challenge the court’s handling of a Crim.R. 33 motion for a new trial, clerical corrections under Crim.R. 36, and a purported misreflection of verdicts.
- The appellate court affirms the trial court’s rulings, over McIntyre’s three assignments of error, and dismisses arguments as barred by res judicata or untimeliness.
- Costs taxed to Appellant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in denying leave to file a motion for a new trial without findings? | McIntyre argues due-process violation for lack of findings. | State contends no duty to issue findings when denying Crim.R. 33 motion. | No error; no mandatory findings required. |
| Did the court erred by amending the judgment to reflect a verdict on the firearm specification? | McIntyre claims improper clerical amendment affecting sentencing. | State defends correction under Crim.R. 36; res judicata bars direct-appeal issues. | clerical correction proper; no prejudice beyond res judicata. |
| Was the 1991 verdict-entry issue timely appealable and barred by res judicata? | McIntyre asserts error in the 1991 entry. | Issue untimely and barred; could have been raised earlier. | Untimely and barred by res judicata; affirmed. |
Key Cases Cited
- Collins v. Pokorny, 86 Ohio St.3d 70 (1999) (no duty to issue findings on denial of Crim.R. 33 motion)
- Girts v. State, 121 Ohio App.3d 539 (1997) (no duty to issue findings when denying Crim.R. 33 motion)
- Saxon, 109 Ohio St.3d 176 (2006) (issues could have been raised on direct appeal; res judicata applies)
- Hutton, 2003-Ohio-5607 (2003) (res judicata principles applicable to post-conviction and direct-review matters)
- D’Ambrosio, 73 Ohio St.3d 141 (1995) (res judicata applies to issues raised or could have been raised on direct appeal)