2014 Ohio 5211
Ohio Ct. App.2014Background
- Jeremy J. Quinn, Jr. was convicted in November 2005 of kidnapping and six counts of rape; judgment filed December 9, 2005.
- Direct appeal was affirmed by this court in 2008; Ohio Supreme Court denied leave.
- Quinn obtained federal habeas relief from the Sixth Circuit in 2012 directing resentencing under Blakely; the trial court resentenced in August 2012.
- While the resentencing appeal was pending, Quinn filed (1) a motion for leave to file a motion for new trial (Jan. 29, 2014) asserting Brady/DNA and ineffective assistance of counsel, and (2) a “motion to vacate void sentence”/postconviction petition (Feb. 11, 2014) alleging defective jury verdict forms.
- The trial court denied both motions; Quinn timely appealed and this court consolidated the appeals and affirmed the denials.
Issues
| Issue | Plaintiff's Argument (Quinn) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether trial court erred in denying leave to file a motion for new trial (Crim.R. 33 timeliness) | Quinn: Brady suppression of DNA information and counsel ineffective for failing to object meant he was unavoidably prevented from timely filing a new-trial motion | State: Motion was time-barred under Crim.R. 33(B); Quinn failed to prove by clear and convincing evidence he was unavoidably prevented from timely filing | Denied — Quinn failed to show he was unavoidably prevented; facts about DNA/Brady were in trial record; abuse of discretion standard upheld |
| Whether trial court erred in denying motion to vacate void sentence / postconviction petition and in failing to issue findings of fact and conclusions of law | Quinn: Convictions void because jury verdict forms did not comply with R.C. 2945.75; motion characterized as postconviction relief requiring findings | State: Petition was untimely under R.C. 2953.21(A)(2) and barred by res judicata; findings not required for untimely petitions | Denied — petition untimely and barred by res judicata; court not required to issue findings for untimely postconviction petitions |
Key Cases Cited
- Blakely v. Washington, 542 U.S. 296 (2004) (sentencing facts that increase sentence must be submitted to jury or admitted by defendant)
- State v. Foster, 109 Ohio St.3d 1 (2006) (Ohio remedial decision invalidating certain judicial factfinding after Blakely)
- State ex rel. Hach v. Summit Cty. Court of Common Pleas, 102 Ohio St.3d 75 (2004) (trial court need not issue findings when rejecting untimely postconviction petition under statute)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims that were or could have been raised on direct appeal)
- State v. Walden, 19 Ohio App.3d 141 (10th Dist. 1984) (definition of "unavoidably prevented" for Crim.R. 33(B) purposes)