2019 Ohio 4617
Ohio Ct. App.2019Background
- Peters was indicted for child endangering after his infant son’s leg was fractured; he pled guilty under North Carolina v. Alford and was sentenced to seven years on the child endangering count plus four years on a community-control violation, to be served consecutively; he timely appealed the sentence.
- While that appeal was pending, Peters filed a petition for postconviction relief on January 26, 2017; the trial court denied the petition in a journal entry dated September 6, 2017.
- The September 6 entry listed an incorrect address for Peters; the clerk mailed the entry to that incorrect address on September 7, 2017 and the mail was returned (noted October 10, 2017).
- Peters moved for a new judgment entry and later, on March 14, 2018, filed a Civ.R. 60(B) motion seeking relief from the September 6, 2017 judgment on the ground he had not received notice; the trial court denied the 60(B) motion on August 24, 2018.
- The Sixth District Court of Appeals affirmed, concluding the clerk failed to complete service under Civ.R. 58(B), so App.R. 4(A)(3) tolled the appeal period and Peters’ proper remedy was to appeal the September 6 entry rather than obtain relief under Civ.R. 60(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Peters' Civ.R. 60(B)(5) motion seeking relief from the Sept. 6, 2017 judgment | Peters: he had a meritorious claim, filed within a reasonable time, and did not receive the judgment because it was mailed to the wrong address | State: where civil service rules are followed there is a presumption of proper service; if service was defective, appeal time is tolled under App.R. 4(A) | Court: Denial of 60(B) was not an abuse; clerk failed to complete service, so App.R. 4(A)(3) tolls the appeal period and Peters may appeal rather than obtain 60(B) relief |
| Whether the court/ clerk violated Civ.R. 5/58 by mailing the judgment to the wrong address and thus denied Peters due process | Peters: clerk mailed the journal entry to the wrong address in violation of Civ.R. 5(B)(2)(c), so he never received notice | State: maintains presumption of proper service when rules followed but acknowledges returned mail in record; if service incomplete, appeal time has not run | Court: clerk did not comply with Civ.R. 58(B); service was incomplete; the appeal period never began to run; no relief under 60(B) required; assignments not well-taken |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (recognizing guilty plea while maintaining innocence may be accepted under certain circumstances)
- State v. Steffen, 70 Ohio St.3d 399 (postconviction relief is a collateral civil attack and civil rules apply)
- In re Anderson, 92 Ohio St.3d 63 (App.R. 4(A) tolling applies when clerk fails to complete service under Civ.R. 58(B))