State v. Schmidt
9 N.E.3d 458
Ohio Ct. App.2014Background
- Schmidt was charged with Receiving Stolen Property (felony 4) and Possessing Criminal Tools (felony 5).
- The indictment included a forfeiture specification alleging a 2002 Jeep Cherokee was used to facilitate the offense and was subject to forfeiture.
- Schmidt pled guilty to both counts but did not plead guilty to the forfeiture specification.
- A forfeiture hearing occurred; the court ordered forfeiture of the Jeep to the City of Tiffin.
- Schmidt did not object to the forfeiture specification during the trial or at the hearing; he appealed the forfeiture order after conviction.
- The court of appeals affirmed the forfeiture, ruling the defect in the specification was waived and plain error was not shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to object to the forfeiture specification waives the challenge | Schmidt argues the specification violated RC 2941.1417 and thus forfeiture is improper | Schmidt failed to object pre-trial; waiver applies, but exceptions may apply | Waived defense; no plain error found; forfeiture affirmed |
| Whether RC 2941.1417 governs forfeiture specification and precludes forfeiture | State failed to include required interests and use in the specification | Statute requires specific language; vehicle not subject to forfeiture | Specification deficient but waiver bars reversal; not plain error; forfeiture sustained |
Key Cases Cited
- State v. Noling, 98 Ohio St.3d 44 (Ohio Supreme Court 2002) (indictment defects; Crim.R.12 waiver of objections)
- State v. Horner, 126 Ohio St.3d 466 (Ohio Supreme Court 2010) (Crim.R.12 waiver; plain error standard)
- State v. Jain, 2004-Ohio-893 (Ohio 6th Dist.) (Crim.R.12 waiver and indictment defects)
- State v. Frazier, 73 Ohio St.3d 323 (Ohio Supreme Court 1995) (plain error review standards; waiver general rule)
- State v. Campbell, 69 Ohio St.3d 38 (Ohio Supreme Court 1994) (plain error and waiver principles in criminal appeals)
- State v. Murphy, 91 Ohio St.3d 516 (Ohio Supreme Court 2001) (necessity of timely objections; rights not preserved absent objection)
- State v. Brimacombe, 195 Ohio App.3d 524 (Ohio App.3d 2011) (statutory requirements for forfeiture specifications; obedience to RC 2941.1417)