2019 Ohio 824
Ohio Ct. App.2019Background
- Cullen Parsons was indicted (Oct. 2015) on attempted murder, felonious assault, and improperly handling a firearm in a motor vehicle; a handgun found on the ground near his vehicle was admitted at trial over his suppression challenge.
- After a bench trial (Mar. 2016) Parsons was convicted on all counts and specifications; initial sentencing produced concurrent terms totaling 12 years and the court noted the convictions should merge.
- Parsons appealed; this court affirmed most issues but found the offenses were allied and remanded for resentencing; the Ohio Supreme Court declined jurisdiction and denied reconsideration or stay (including in light of Collins v. Virginia).
- On remand Parsons was resentenced (Aug. 2018) with merged convictions and an aggregate 12-year term; while proceedings were ongoing he filed a postconviction relief motion and an application for leave to file a Crim.R. 33 motion for a new trial based on an alleged legal error in admitting the handgun.
- The trial court denied Parsons’ application to file a new-trial motion as untimely; Parsons appealed, arguing the denial improperly bypassed Crim.R. 33(B) procedures after a change in law (Collins) made the handgun admission an error of law warranting a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parsons’ application to extend time to file a Crim.R. 33 new-trial motion should be allowed based on a post-trial change in law (Collins) | State: the motion was untimely and Crim.R. 33(B) was correctly applied to deny leave | Parsons: Collins changed Fourth Amendment law so the firearm admission was an "error of law occurring at the trial," allowing a new-trial motion despite delay | Denied: Crim.R. 33(A)(5) does not cover changes in law announced after trial; Parsons’ claim did not assert an error that occurred during trial or newly discovered evidence, so the application to file a late motion was properly overruled |
Key Cases Cited
- Collins v. Virginia, 138 S. Ct. 1663 (U.S. 2018) (discusses automobile exception and warrant requirement under Fourth Amendment)
- State v. Parsons, 88 N.E.3d 624 (Ohio Ct. App. 2017) (appellate decision affirming convictions on most grounds and remanding for merger/resentencing)
- State v. Parsons, 90 N.E.3d 946 (Ohio 2018) (Ohio Supreme Court denied jurisdiction and post-remand requests)
- State v. Jackson, 105 N.E.3d 472 (Ohio Ct. App. 2018) (change in law after trial cannot serve as an "error occurring at trial" under Crim.R. 33(A)(5))