State v. Palmer
2017 Ohio 5628
| Ohio Ct. App. | 2017Background
- In Nov. 2015, Palmer threw a slushy at and swore at the Bowman Beverage manager; the manager issued a three‑year no‑trespass notice revocable only by the manager.
- In Mar. 2016, after an incident at the Ice House, Palmer went to Bowman Beverage, was told to leave for trespassing, argued, left, and police were called.
- Palmer was charged with one count of criminal trespass (R.C. 2911.21(A)(1)); his trial counsel moved to withdraw for breakdown in communication and was permitted to withdraw but remained as standby counsel.
- Palmer was held in contempt at the motion hearing and jailed five days for interrupting the judge; later he waived counsel and represented himself at a bench trial; a requested continuance for a witness was denied.
- The trial court convicted Palmer, imposed ten days in jail, court costs, and verbally ordered a $75 fine (not journalized); bond was used to pay financial sanctions and Palmer served his sentence immediately.
- After completing his jail term and paying sanctions, Palmer appealed; appellate counsel filed an Anders brief and moved to withdraw, asserting the appeal is moot because the punishment was fully served and no collateral consequences were shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal remains justiciable after sentence served and sanctions paid | Palmer sought reversal of conviction/relief on trial errors | State argued appeal is moot because sentence and sanctions were fully executed and no stay requested | Appeal dismissed as moot |
| Whether collateral consequences save the appeal from mootness | Palmer did not allege collateral disabilities or loss of civil rights | State noted absence of any evidence of collateral consequences | No collateral consequences shown; mootness stands |
| Whether appellate counsel may withdraw under Anders | Counsel argued no non‑frivolous issues after review | N/A (no opposition presented) | Court granted counsel’s motion to withdraw |
| Whether procedural defaults (no stay, bond used) affect reviewability | Palmer did not seek stay or contest bond application | State relied on failure to seek stay and consent to use bond | These facts supported mootness determination |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (permitting withdrawal of appellate counsel when appeal is frivolous and requiring brief indicating possible issues for defendant to respond)