State v. Nia
2014 Ohio 2527
Ohio Ct. App.2014Background
- Nia was convicted in 2005 of aggravated murder and attempted aggravated murder, receiving 28 years to life.
- On remand after Foster, Nia was resentenced in 2012 to consecutive terms totaling 28 years.
- This court granted en banc review due to a split on remand scope for HB 86 consecutive-sentencing findings.
- The en banc court adopted Venes as the standard for reviewing HB 86 findings and limited remand to those findings.
- Record showed the trial court discussed punishment and necessity but failed to expressly state one required subfactor under R.C. 2929.14(C)(4).
- The court found a 68-month delay in resentencing occurred but held Nia was not prejudiced and remanded for proper HB 86 findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lack of HB 86 findings invalidates consecutive sentences | Nia | Nia | Remand for proper findings; partial error sustained |
| Whether the 68-month resentencing delay violated due process | Nia | State | Not prejudicial; no due-process violation |
| Scope of remand for resentencing after HB 86 issues | State | Nia | Remand limited to HB 2929.14(C)(4) findings |
| Effectiveness of counsel related to preservation of appeal | Nia | State | Issue moot; preserved appeal; overruling |
Key Cases Cited
- State v. Venes, 2013-Ohio-1891 (Ohio 2013) (adopts strict separate findings standard for HB 86 consecutive sentences)
- State v. Goins, 2013-Ohio-263 (Ohio 2013) (meaningful record review without mandatory “magic words”)
- State v. Wells, 2013-Ohio-3809 (Ohio 2013) (standard of review for consecutive sentences under HB 86)