State v. Persons
2017 Ohio 7879
| Ohio Ct. App. | 2017Background
- In August 2016 the State filed a Motion to Attach Inherited Funds against David M. Persons to satisfy court costs in multiple Meigs County Common Pleas cases; the State sought attachment of $1,277.24 from Persons’ inheritance from the Estate of Ronald E. Hart.
- On September 9, 2016 the trial court entered an order attaching the listed amounts from Persons’ inheritance and directing distribution to the Clerk of Courts.
- Persons, pro se, appealed the trial-court journal entry challenging jurisdiction over the funds, denial of appointed counsel and transport to the hearing, the lack of a full hearing, and the absence of a jury trial.
- Persons’ appellate filings failed to include assignments of error, legal authority, the State’s motion, Persons’ responsive pleadings, or a transcript/certified docket entries necessary to review the contested hearing.
- The appellate court noted its practice of leniency toward pro se litigants but explained that an appellant bears the burden to provide the record needed to demonstrate error.
- Because the record on appeal was incomplete, the Fourth District presumed the lower-court proceedings valid and affirmed the attachment order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court jurisdiction to attach inheritance | State: court may attach funds to satisfy assessed costs | Persons: court lacked jurisdiction over his inherited funds | Affirmed — presumption of validity due to incomplete record; no reviewable record to find error |
| Denial of appointment of counsel | State: not explicitly argued in opinion | Persons: sought appointed counsel for the attachment hearing | Denied as reviewable claim — no transcript/record provided, so court presumed proper procedure |
| Denial of transport to hearing | State: not detailed in opinion | Persons: requested to be conveyed to hearing and was denied | Not reviewed on merits — insufficient record, claim presumed denied validly |
| Denial of full hearing / jury trial | State: attachment proceeding appropriate without jury | Persons: requested full hearing and jury trial on the attachment motion | Not reached on merits — lack of transcript/docket precludes review; judgment presumed valid |
Key Cases Cited
- DeHart v. Aetna Life Ins. Co., 69 Ohio St.2d 189 (Ohio 1982) (discusses appellate dismissal for failure to follow rules)
- Krupp v. Poor, 24 Ohio St.2d 123 (Ohio 1970) (definition of judicial discretion)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (when transcript omissions prevent review, courts must presume regularity)
- Holmes v. Kreps, 32 Ohio St.2d 134 (Ohio 1972) (components of the record on appeal)
- Robb v. Smallwood, 165 Ohio App.3d 385 (Ohio App. 2005) (leniency to pro se litigants but appellate requirements remain)
- State ex rel. Everhart v. McIntosh, 115 Ohio St.3d 195 (Ohio 2007) (courts may take judicial notice of public records available on the internet)