State v. Parks, 2012 Ohio 3011

A witness reported in May 2003 that a man in a truck pulled up his pants with a young boy; the witness later identified Parks from a May 12, 2003 photo array.
Indictments were filed in Columbiana and Carroll Counties; Carroll charged Parks with six counts of rape of an eight-year-old boy, one for each month from December 2002 to May 2003.
Parks was convicted in Columbiana County of one count of rape and pled to six counts of rape in Carroll County; he was sentenced on March 4, 2004 to life with parole eligibility after 20 years overall.
On May 17, 2011, Parks filed a motion to vacate a void judgment, arguing that a new statute governing lineups (R.C. 2933.83) was violated because the lineup lacked certain procedures (e.g., blind administration).
The trial court denied the motion on June 6, 2011, ruling that Parks waived the issue by pleading guilty and that the lineup issue did not void the judgment or deprive the court of jurisdiction; it treated the filing as a post-conviction petition and found it untimely.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does R.C. 2933.83 apply retroactively to invalidate pre-enactment lineups?	Parks argues the statute applies and voids the lineup and judgment.	State contends the statute is not retroactive and cannot void an older lineup.	Statute not retroactive; cannot void pre-enactment lineup.
Did Parks waive lineup challenges by pleading guilty and not raising the issue earlier?	Parks did not fail to preserve; the issue survives plea.	Parks waived the issue by pleading guilty and failing to object pretrial.	Waived; issues not preserved by guilty plea.
Is an improper lineup a subject-matter jurisdiction issue that renders the judgment void?	Lineup defects undermine jurisdiction and void the judgment.	Lineup issues are not jurisdictional; they are voidable errors.	Not jurisdictional; affects voidability, not voidness.
Is Parks's motion to vacate a void judgment properly treated as a post-conviction relief petition and timely?	The motion seeks to void a judgment under new rights recognized retroactively.	Motion is a post-conviction petition; untimely and improperly filed.	Untimely post-conviction petition; affirmed dismissal.

State v. Humberto, 2011-Ohio-3080 (10th Dist. 2011) (lineup procedures not retroactive to pre-enactment identifications)
State v. Smith, 2011-Ohio-3051 (8th Dist. 2011) (pre-enactment lineups not governed by new statute)
State v. Curtis, 54 Ohio St.2d 128 (1978) (plea waiver of suppression issues; non-jurisdictional)
State v. Reynolds, 79 Ohio St.3d 158 (1997) (post-conviction relief framework governs after direct appeal)
State v. Schlee, 2008-Ohio-545 (117 Ohio St.3d 153) (recasting motions into post-conviction relief permissible)