2019 Ohio 2154
Ohio Ct. App.2019Background
- In 1993 Kevin James Slaughter pleaded guilty to aggravated murder and aggravated robbery; trial court sentenced him to life with parole eligibility after 30 years for aggravated murder and 10–25 years for aggravated robbery, to run consecutively.
- Slaughter did not file a direct appeal; he later filed multiple unsuccessful motions to withdraw his pleas.
- In 2018 Slaughter moved for resentencing, arguing the trial court’s entry omitted the statutory word “full” in describing the 30-year term required by former R.C. 2929.03(C)(2), rendering the sentence void and allowing him to challenge it outside the direct-appeal period.
- The motion was prompted by ODRC’s refusal to grant him good-time credit, treating his term as 30 “full” years; Slaughter contended the omission made the sentence contrary to law.
- The trial court denied the resentencing motion; Slaughter appealed to the Ninth District, raising one assignment of error that the omission rendered the sentence void and not barred by res judicata.
- The Ninth District affirmed, holding the omission of the word "full" did not make the sentence void and the claim was barred by res judicata because it could have been raised on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission of the word "full" from the 30-year term renders the sentence void | Slaughter: omission violates the statutory requirement; a void sentence may be attacked anytime | State: omission does not render the sentence void; the statutory scheme implies 30 years means full years | Court: omission does not render sentence void; claim is barred by res judicata because it could have been raised on direct appeal |
Key Cases Cited
- State v. Payne, 114 Ohio St.3d 502 (2007) (void sentence defined as where court lacked jurisdiction or authority)
- State v. Beasley, 14 Ohio St.3d 74 (1984) (disregard of statutory sentencing requirements can render a sentence void)
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (res judicata bars claims raised or that could have been raised on direct appeal)
- State v. Holdcroft, 137 Ohio St.3d 526 (2013) (most sentencing challenges must be brought by timely direct appeal)