2012 Ohio 1334
Ohio Ct. App.2012Background
- Indictment charged Payne with felonious assault and domestic violence, and a supplement added a protection-order violation.
- Payne waived counsel; trial court appointed stand-by counsel.
- Payne moved to dismiss under Crim.R. 12(C)(2) alleging improper endorsement of "A TRUE BILL".
- Trial court denied the motion; Payne was tried and convicted on all original and supplemental charges.
- Payne was sentenced to 13 years in prison; sentencing entry dated January 24, 2011.
- Payne appealed, asserting grand-jury endorsement defect deprived jurisdiction; sole assignment of error is upheld or overruled by the appellate court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was jurisdictionally defective | Payne contends lack of true-bill endorsement voids indictment | State argues endorsement sufficient; R.C. 2939.20 satisfied | Indictment properly endorsed; motion to dismiss overruled |
Key Cases Cited
- Ruch v. State, 111 Ohio St. 580 (1924) (endorsement sufficiency despite printed 'A true bill')
- Payne v. Jeffreys, 109 Ohio St.3d 239 (2006) (preprinted 'A true bill' with foreman signature satisfies statute)