2018 Ohio 830
Ohio Ct. App.2018Background
- Morris pleaded guilty in Portage County (Sept. 2016) and was sentenced to concurrent prison terms there.
- Tuscarawas County later indicted Morris (served Oct. 28, 2016); at arraignment he was released on a personal recognizance bond signed Oct. 31, 2016.
- Morris pleaded guilty in Tuscarawas County (June 19, 2017) to felonious assault, tampering with evidence, and improperly handling firearms; the court imposed an aggregate eight-year term to run concurrently with the Portage County sentence and stated he was not entitled to jail-credit for the Tuscarawas sentence.
- Morris filed a pro se motion claiming 367 days of jail-time credit (Oct. 6, 2016 through sentencing); the trial court denied the motion and Morris appealed.
- The central legal dispute: whether time Morris spent confined on the Portage County sentence (before being served on Tuscarawas charges and while later serving that sentence) qualifies as jail-time credit against the later-imposed Tuscarawas sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morris is entitled to jail-time credit on the Tuscarawas sentence for confinement beginning July 11, 2016 (time served on Portage County matter) through June 20, 2017 | State: Morris not entitled because confinement was for an unrelated case and he posted PR bond on Tuscarawas charges | Morris: Time confined in Portage County and DOC relates to the offenses and should be credited to Tuscarawas sentence | Held: Denied — jail-time credit not available for time served on an unrelated case, and Morris had been released on recognizance for Tuscarawas charges, so confinement did not arise from those charges |
Key Cases Cited
- State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (jail-time credit must be applied to concurrent sentences when confinement arises from the offenses)
- State v. Barnes, 759 N.E.2d 1240 (Ohio 2001) (plain-error relief limited and to be used cautiously)
- State v. Rogers, 38 N.E.3d 860 (Ohio 2015) (standard for showing prejudice when raising plain error)
- State v. Quarterman, 19 N.E.3d 900 (Ohio 2014) (appellant bears burden to demonstrate plain error)
- Griffin v. Illinois, 351 U.S. 12 (U.S. 1956) (equal protection principles underpin denial of rights based on indigency)