State v. Smith, 2014 Ohio 3041

Edward A. Smith pleaded guilty in 1988 to aggravated murder (with aggravated-felony specifications) after being bound over from juvenile court and received 20 years to life concurrent with other sentences.
Smith later sought relief, filing a Civ.R. 60(B)-styled motion in July 2013 asserting defects including lack of juvenile age competency, defective indictment, lack of jurisdiction, ineffective assistance, and that his sentence was void or limited to 20 years.
The trial court denied that motion on August 20, 2013; Smith filed an untimely appeal, which this court dismissed under App.R. 4(A).
Smith refiled an essentially identical Civ.R. 60(B) motion in November 2013; the trial court denied it on December 4, 2013.
Smith appealed the second denial; the appellate court held it lacked jurisdiction because the second filing could not be used to circumvent the deadline for appealing the first denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by failing to impanel three judges for plea	— (State opposed relief)	Smith: trial court abused discretion for not impaneling three judges	Court did not reach merits; appeal dismissed for lack of jurisdiction
Whether counsel was ineffective for not raising Smith's juvenile age in jurisdictional challenge	—	Smith: counsel ineffective; youthful age barred common pleas jurisdiction	Not reached; appeal dismissed for untimely challenge
Whether trial court lacked jurisdiction / bindover from juvenile court was defective	—	Smith: bindover and jurisdiction were flawed because he was a minor	Not reached; appeal dismissed as an untimely collateral attack
Whether Smith's sentence is void / illegal and whether Civ.R. 60(B) was recast as postconviction relief	—	Smith: sentence void or limited to 20 years; trial court mischaracterized motion	Not reached; appeal dismissed for failure to timely appeal prior denial