State v. Pettway
2013 Ohio 1348
Ohio Ct. App.2013Background
- Pettway was convicted in May 2008 of murder and firearm specifications, receiving 18-years to life imprisonment.
- He appealed the conviction in 2009, and this court affirmed.
- Pettway filed pro se post-conviction motions, including a November 14, 2011 motion to remand for waiver of court costs under State v. Joseph.
- The trial court denied the remand motion on July 30, 2012.
- Pettway argued Joseph required resentencing to waive costs, but the court held Joseph applies to direct appeals, not post-appeal motions, and that res judicata barred challengers after a direct appeal.
- The appellate court affirmed, holding Pettway could have raised the court-cost issue on direct appeal and is barred from raising it through a post-appeal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand for waiver of court costs | Pettway argues remand is needed to obtain a costs waiver per Joseph | State argues Joseph does not authorize post-appeal correction and res judicata bars the issue | Overruled; remand denied; issue barred by res judicata and direct-appeal route governs |
Key Cases Cited
- State v. Joseph, 125 Ohio St.3d 76 (Ohio Supreme Court, 2010) (costs must be imposed at sentencing; Crim.R. 43(A) issue not corrected post-appeal)
- State v. Appleton, 8th Dist. No. 97942, 2012-Ohio-2778 (Ohio 8th Dist., 2012) (Joseph not controlling for post-appeal cost challenges)
- State v. Walker, 8th Dist. No. 96305, 2011-Ohio-5270 (Ohio 8th Dist., 2011) (direct appeal route for costs; res judicata applies)