State v. Norman
2021 Ohio 2389
| Ohio Ct. App. | 2021Background
- In May 1998 Norman shot Kaleb Williams in Norman's Franklin County home; Williams' body was later disposed of and found in Fairfield County. Norman was convicted in Franklin County of two counts of aggravated murder and kidnapping and sentenced to life without parole.
- Norman appealed; this court affirmed his convictions on direct appeal (Norman I). He filed multiple collateral challenges, all denied.
- In 2015 Norman filed a declaratory-judgment action claiming Franklin County lacked venue because the death certificate was issued in Fairfield County; the trial court dismissed and this court affirmed (Norman II).
- In July 2018 Norman filed a motion to vacate claiming lack of subject-matter jurisdiction and prosecutorial fraud; the trial court treated it as an R.C. 2953.21 petition, denied it as untimely, and this court affirmed (Norman III), holding venue was proper and the claims were barred by res judicata.
- On June 4, 2020 Norman again moved to vacate, reiterating the venue/subject-matter argument and alleging "suppression" of venue evidence; the trial court denied the motion without a hearing. Norman appeals that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's (Norman's) Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion by denying Norman's motion to vacate without an evidentiary hearing? | State: No — motion repeats prior arguments, is barred by res judicata and law of the case; no newly discovered evidence requiring a hearing. | Norman: He presented newly discovered evidence/prosecutorial suppression about venue and subject-matter jurisdiction, entitling him to a hearing. | Denied — court did not abuse discretion; claims repeat earlier, not newly discovered, and are barred. |
| Does improper venue (death certificate/body found in Fairfield County) render the Franklin County convictions void for lack of subject-matter jurisdiction? | State: Venue is not jurisdictional; issue was waived/res judicata; venue was proper under controlling law. | Norman: Because the body was found and death certificate issued in Fairfield County, Franklin County lacked venue and thus subject-matter jurisdiction, making the convictions void. | Held for State — venue is not jurisdictional; Norman’s venue claim was previously decided and is barred by res judicata and law of the case; venue was proper. |
Key Cases Cited
- State ex rel. Whitt v. Harris, 157 Ohio St.3d 384 (Ohio 2019) (venue is not a jurisdictional element in criminal cases)
- Nolan v. Nolan, 11 Ohio St.3d 1 (Ohio 1984) (explaining the law of the case doctrine)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars claims that were or could have been raised earlier)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (law of the case is rooted in res judicata and issue preclusion)
- Farmers State Bank v. Sponaugle, 157 Ohio St.3d 151 (Ohio 2019) (law of the case promotes consistency, finality, and preserves judicial hierarchy)