State v. McRae, 2022 Ohio 2918

Troy D. McRae, Jr. was indicted by a Shelby County grand jury on March 30, 2017 for aggravated murder with a repeat-violent-offender specification; jury convicted him and he was sentenced to 30 years to life plus 10 years consecutively.
McRae appealed; this court affirmed his conviction and sentence on direct appeal in 2018.
On November 2, 2021 McRae filed a postconviction petition styled as a "Petition to Vacate or Set Aside Sentence," claiming (1) the municipal-court complaint was defective because the charging officer’s signature was not under oath (purporting to void jurisdiction), and (2) the arrest warrant issued pursuant to that complaint violated his Fourth Amendment rights.
The State opposed; the trial court denied the petition on January 12, 2022 as untimely under R.C. 2953.21 and barred by res judicata.
McRae appealed, arguing the trial court erred by denying his petition (claiming lack of subject-matter jurisdiction and illegal search/seizure) and by failing to hold a hearing. The Third District affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court lacked subject-matter jurisdiction because the municipal complaint was defective (charging officer’s signature not under oath)	State: Common pleas had jurisdiction because indictment by grand jury controlled; any complaint defect is moot; petition was untimely and no statutory exception applies	McRae: Defective complaint voided proceedings and deprived court of subject-matter jurisdiction, making conviction/sentence void	Court: Rejected McRae. Grand-jury indictment conferred subject-matter jurisdiction; complaint defect irrelevant; petition untimely and no R.C. 2953.23 exception established
Whether McRae’s Fourth Amendment claim (arrest under allegedly defective warrant/complaint) entitles him to relief	State: Claim was or could have been raised on direct appeal/motion to suppress and is barred by res judicata; petition also untimely	McRae: Warrant issued on defective complaint rendered the arrest and subsequent proceedings illegal, requiring vacation of conviction	Court: Rejected McRae. Issues were previously litigated or could have been raised on direct appeal; res judicata and untimeliness bar relief

State v. Henderson, 161 Ohio St.3d 285 (2020) (distinguishes when judgments are void for lack of subject-matter or personal jurisdiction)
Smith v. Sheldon, 157 Ohio St.3d 1 (2019) (common pleas courts have subject-matter jurisdiction over felony cases)
State v. Mbodji, 129 Ohio St.3d 325 (2011) (filing of a valid complaint is a prerequisite to acquisition of jurisdiction)
State v. Apanovitch, 155 Ohio St.3d 358 (2018) (standard of review for questions of subject-matter jurisdiction)
State v. Saxon, 109 Ohio St.3d 176 (2006) (res judicata promotes finality; claims available on direct appeal are barred in postconviction relief)
State v. Perry, 10 Ohio St.2d 175 (1967) (doctrine of res judicata bars claims that were or could have been raised on direct appeal)
Foston v. Maxwell, 177 Ohio St. 74 (1964) (in felony prosecutions the indictment, not the affidavit or complaint, is the charging instrument)
State v. Beaver, 131 Ohio App.3d 458 (1998) (untimely postconviction petitions deprive trial court of jurisdiction to entertain the petition)