State v. Ringer
2013 Ohio 2442
Ohio Ct. App.2013Background
- Ringer was convicted in 2002 on two counts of voluntary manslaughter and did not directly appeal.
- He pursued postconviction challenges in a series of motions, including litigation noted in State v. Ringer, 1st Dist. No. C-080590 (May 20, 2009).
- In January 2012, he filed a Motion for Merger Hearing under R.C. 2941.25 arguing the two manslaughter offenses were allied offenses of similar import with same conduct.
- The trial court denied the motion and overruled Ringer's two assignments of error on appeal from that ruling.
- The appellate court held the allied-offenses claim barred for lack of jurisdiction or hearing, but found postrelease-control notification inadequate and voided related portions of the sentences, remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the allied-offenses claim was properly denied without a hearing. | Ringer contends the court erred in not holding an evidentiary hearing. | Ringer asserts sentencing on two manslaughter counts violated R.C. 2941.25 as allied offenses. | No jurisdiction for merits hearing; claim dismissed. |
| Whether postrelease-control notification rendered the sentences void. | Ringer argues improper notification voids the sentences. | Ringer maintains adequate postrelease-control notification was provided. | Sentences void for inadequate postrelease-control notification; remanded for correction. |
Key Cases Cited
- State v. Schlee, 117 Ohio St.3d 153 (2008-Ohio-545) (postconviction-review standards)
- State v. Pankey, 68 Ohio St.2d 58 (1981) (jurisdiction for late postconviction petitions)
- State v. Jackson, 64 Ohio St.2d 107 (1980) (requirements for postconviction procedures)
- State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (postrelease control notification and standards)
- State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (postrelease-control statutes and penalties)
- State v. Jordan, 104 Ohio St.3d 21 (2004-Ohio-6085) (postrelease-control notification requirements)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (voidness of improperly imposed postrelease control)