2014 Ohio 5136
Ohio Ct. App.2014Background
- Starks was convicted on October 19, 1983 of two aggravated robberies and two aggravated murders.
- The trial court sentenced him to four-to-twenty-five years for each robbery count and life imprisonment for the murders, with terms to run concurrently.
- He appealed his convictions, and this court affirmed in State v. Starks, 8th Dist. Cuyahoga No. 50087 (Mar. 6, 1986).
- Over the next 30 years, Starks filed multiple motions for relief from judgment and for sentence adjustments, including a fourth motion to correct sentence filed November 20, 2013.
- All four postconviction-type motions claimed the sentencing court erred by using a life term instead of the mandated 15 full years to life for alleged 1978 offenses.
- The trial court denied the most recent motion, and the appellate court analyzed it as a petition for postconviction relief rather than a Crim.R. 36 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence-correction motion was properly denied. | Starks argues due process was violated by the life term; 15-to-life mandated. | State contends res judicata and untimely/postconviction limits bar relief. | Denied; res judicata and untimeliness bar relief. |
Key Cases Cited
- State v. Reynolds, 79 Ohio St.3d 158 (Ohio 1997) (defines postconviction relief parameters)
- State v. Williams, 157 Ohio App.3d 374 (8th Dist. 2004) (precludes reconsideration not raised on direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (1967) (foundation for res judicata doctrine in postconviction context)