State v. McKinney
2013 Ohio 4357
Ohio Ct. App.2013Background
- Appellant Jermaine McKinney was arrested Jan 1, 2006 for shooting at peace officers while wanted for two murders in Trumbull County.
- He was bound over in Mahoning County to face 2006CR16, and separately indicted in Trumbull County Case 05-CR-948 for aggravated murder and related charges.
- Trumbull County juries convicted him on Nov 6, 2006; sentenced Dec 11, 2006 to two life terms without parole plus other long terms to be served consecutively.
- In Mahoning County, 2007–2009 proceedings led to a guilty plea to seven counts of felonious assault against a peace officer, with seven-year sentence to run concurrently with the Trumbull murder sentence; 180 days jail-time credit was awarded.
- Appellant filed motions for jail-time credit (Oct 2010 and June 2012); the trial court granted 263 days on the second motion; appeal followed.
- Court held the issue was res judicata and Fugate does not provide a basis to recalculate jail-time credit in this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jail-time credit should be applied to all concurrent terms under Fugate | State contends Fugate requires credit toward each concurrent term | McKinney argues he is entitled to 1,200 days credit for time in jail awaiting disposition | Not reversible; Fugate does not apply to calculating credit; 263 days affirmed. |
| Whether the claim is barred by res judicata | Res judicata bars raising legal errors that could have been raised on direct appeal | Argument could have been raised on direct appeal but was not | Issue is res judicata; cannot be raised in this appeal. |
| Whether Fugate's interpretation should have been pursued on direct appeal | Direct appeal is proper vehicle for legal errors in jail-time credit | Fugate interpretation supports 1,200 days credit | Even if not res judicata, Fugate does not explain calculation; no reversible error; credit affirmed at 263 days. |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (2008) (concurrent vs multiple terms, jail-time credit must apply to each concurrent term under RC 2967.191)
- State v. Mason, 2011-Ohio-3167 (7th Dist.) (application of Fugate not to calculation method; res judicata considerations in jail-time credit)
- State v. Maynard, 2010-Ohio-3829 (10th Dist.) (Fugate does not explain how to calculate jail-time credit; just its application to concurrent/consecutive terms)
- State v. Dailey, 2010-Ohio-4816 (3d Dist.) (concerning jail-time credit and related calculations)
- State v. Daughenbaugh, 2009-Ohio-3823 (3d Dist.) (not entitled to jail-time credit for time incarcerated in another county for unrelated offenses)
- State v. Perry, State v. Perry, 10 Ohio St.2d 175 (1967) (syllabus on res judicata effects in post-conviction appeals)