2020 Ohio 4804
Ohio Ct. App.2020Background
- Michael A. Payne was convicted by a jury in 2010 of felonious assault, domestic violence, and violating a protection order and was sentenced to 13 years' imprisonment on January 24, 2011.
- Payne appealed, arguing the jury foreman failed to handwrite "a true bill"; the Ninth District affirmed his convictions in 2012.
- In 2017 Payne filed a postconviction filing asserting he was deprived of a preliminary hearing due to a direct indictment; the trial court denied it as untimely or barred by res judicata.
- On February 18, 2020 Payne filed a "Motion to Vacate Judgment for Lack of Jurisdiction," reasserting jurisdictional defects and claiming his sentence was void.
- The trial court treated the filing as a postconviction petition, denied it as untimely and successive under R.C. 2953.21/2953.23, and alternatively as barred by res judicata; Payne appealed.
- The Ninth District affirmed, holding Payne failed to satisfy the statutory exceptions allowing consideration of an untimely or successive petition and that his arguments had been previously rejected on direct appeal.
Issues
| Issue | Payne's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Payne’s "Motion to Vacate Judgment for Lack of Jurisdiction" | Payne argued the judgment/sentence was void for lack of subject-matter and personal jurisdiction (e.g., denial of a preliminary hearing due to a direct indictment) | The filing is properly treated as a postconviction petition that is untimely, successive, and barred by res judicata; Payne failed to meet statutory exceptions to permit review | Court treated the motion as a petition under R.C. 2953.21, found it untimely and successive, concluded Payne did not meet R.C. 2953.23(A)(1) exceptions, and affirmed the denial |
Key Cases Cited
- State v. Schlee, 117 Ohio St.3d 153 (2008) (courts may construe irregularly titled motions into the proper procedural category)
- State v. Reynolds, 79 Ohio St.3d 158 (1997) (a vaguely titled postjudgment motion can be treated as a petition for postconviction relief when it alleges constitutional error and seeks vacatur)
- State v. Apanovitch, 155 Ohio St.3d 358 (2018) (limits and requirements for entertaining untimely or successive postconviction petitions)
- Payne v. Jeffreys, 109 Ohio St.3d 239 (2006) (prior Ohio Supreme Court decision addressing related jurisdictional/claims raised by Payne)