State v. Pewett
2016 Ohio 7757
Ohio Ct. App.2016Background
- Dwight Pewett, a Cincinnati police officer, was charged with sexual imposition and acquitted after a bench trial.
- Pewett applied under R.C. 2953.52 to have the record of the acquittal sealed; the state did not object and the trial court granted the application on October 5, 2015.
- The State later filed a motion to reconsider (Oct. 28, 2015), claiming the arrest record was needed for internal police disciplinary matters.
- The trial court granted the State’s motion to reconsider on November 2, 2015.
- Pewett appealed the November 2 order granting reconsideration.
- The court below concluded that orders granting motions for reconsideration after a final judgment are nullities, so the November 2 order was not appealable and the appeal was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could grant the State’s motion to reconsider its grant of Pewett’s application to seal | The state argued the court could reconsider because the arrest record was needed for police administrative/disciplinary purposes | Pewett argued the reconsideration order was void because the original sealing order was a final, appealable judgment and rules do not authorize post-judgment motions for reconsideration | The court held motions for reconsideration after a final judgment are nullities; the original sealing order remained in effect and the November 2 order was not appealable |
| Whether the State’s failure to timely appeal the sealing order permits later reconsideration | The State implicitly argued later reconsideration was permissible despite not appealing | Pewett argued the State should have appealed the final order; res judicata and finality bar reconsideration | The court held the sealing order was a final, appealable order the State should have appealed; res judicata applies and reconsideration was inappropriate |
Key Cases Cited
- Pitts v. Dept. of Transp., 67 Ohio St.2d 378, 423 N.E.2d 1105 (1981) (Ohio rules do not provide for motions for reconsideration after final judgment; such orders are nullities)
- Fifth Third Bank v. Cooker Restaurant Corp., 137 Ohio App.3d 329, 738 N.E.2d 817 (1st Dist. 2000) (reaffirming that motions for reconsideration after final judgment produce no enforceable judgment)
- State v. Leers, 80 Ohio App.3d 579, 617 N.E.2d 754 (8th Dist. 1992) (orders sealing records can be final, appealable orders)
- State v. Bissantz, 30 Ohio St.3d 120, 507 N.E.2d 1117 (1987) (Civ.R. apply in expungement/ sealing proceedings)