State v. Purdin
2012 Ohio 752
Ohio Ct. App.2012Background
- Purdin shot and killed his stepson during an altercation on Dec. 5, 2010.
- He was indicted on three counts: murder (Count I), felony murder (Count II), reckless homicide (Count III).
- The jury convicted on Counts II and III and deadlocked on Count I, which the court mistried.
- The court later sentenced on Counts II and III with an additional restitution order; Count I remained pending.
- The appellate court dismissed the appeal for lack of a final appealable order since Count I was neither dismissed nor retried.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s judgment is a final appealable order | Purdin (State) argues finality is lacking due to Count I pending | Purdin contends there is a final order because Count I remained unresolved | No final appealable order; Count I pending; appeal dismissed for lack of jurisdiction |
| Effect of the mistrial on Count I | Mistrial on Count I ended the charge | Mistrial did not dispose of Count I; remaining proceedings pending | Mistrial alone does not finalize Count I; jurisdictional issue remains |
| Whether Count I was ever dismissed or retried | Count I was not dismissed or retried | Count I remains unresolved | Count I not dismissed/retried; no final order; appeal jurisdiction lacking |
| Court’s jurisdiction to review given pending Count I | Appellate review appropriate despite unresolved Count I | Lack of final order deprives appellate jurisdiction | Court lacks jurisdiction; appeal dismissed |
Key Cases Cited
- State v. Rothe, 2009-Ohio-1852 (Ohio Ct. App.) (hangs on unresolved count; finality needed for appeal)
- State v. Robinson, 2008-Ohio-5885 (Ohio Ct. App.) (unresolved charge prevents final appealable order)
- Eddie v. Saunders, 2008-Ohio-4755 (Ohio Ct. App.) (jurisdictional rule on finality applies to criminal appeals)
- State v. Baker, 119 Ohio St.3d 197 (Ohio Supreme Court) (finality requirement in criminal appeals; assesses when appeal lies)
- State v. Coffman, 2007-Ohio-3765 (Ohio Ct. App.) (discussion of finality when charges remain pending)
- State v. Darget, 2010-Ohio-3541 (Ohio Ct. App.) (court lacks jurisdiction if not all charges disposed)