State v. Parson
2012 Ohio 730
Ohio Ct. App.2012Background
- Defendant James T. Parson pled guilty on March 9, 2005 to three counts of felonious assault and one count of kidnapping.
- Sentences: four years on each felonious assault count (concurrent) and eight years for kidnapping (consecutive to felonies) for a total of twelve years.
- Parson did not file a direct appeal from the 2005 judgment.
- On August 5, 2009, Parson moved to modify sentencing arguing kidnapping should run concurrently and charges should have merged; court denied as a motion treated as judicial release/post-conviction relief.
- On March 8, 2011, Parson filed a Motion to Correct Void Judgment or Sentence alleging mismerge; trial court denied on res judicata grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether kidnapping and felonious assault must merge as allied offenses. | State argues no mandatory merger; sentence not void, res judicata applies. | Parson contends allied-offense merger because kidnapping inherent to felonious assault. | Assignments overruled; sentence affirmed. |
| Whether res judicata bars constitutional challenges to sentencing raised later after a change in law. | State maintains res judicata bars collateral challenges not raised earlier. | Parson argues new law (Johnson) should apply to pending cases. | Res judicata applicable; Johnson not retroactive to final convictions. |
Key Cases Cited
- State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1997) (final judgment bars raised defenses not raised at trial or on direct appeal)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (void sentence review despite res judicata; voidable vs void distinctions)
- State v. Simpkins, 117 Ohio St.3d 420 (Ohio 2008) (voidable vs void; res judicata limits collateral challenges)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (new ruling not retroactively applicable to final convictions)
- Ali v. State, 104 Ohio St.3d 328 (Ohio 2004) (new standard may not apply retroactively to final judgments)
- Smith v. Voorhies, 119 Ohio St.3d 345 (Ohio 2008) (allied-offense claims are nonjurisdictional and barred if raised on direct appeal)