State v. Tate
2017 Ohio 7311
| Ohio Ct. App. | 2017Background
- Lloyd L. Tate was indicted (Oct. 2012) for attempted murder and two counts of felonious assault; repeat violent offender (RVO) and vehicle forfeiture specifications were attached.
- A jury convicted Tate on all counts; the trial court found the RVO specification true and forfeited his truck.
- Trial court sentenced Tate to 11 years on attempted murder plus 2 years for the RVO specification; the felonious assault counts were treated as allied offenses.
- Tate appealed; this court affirmed convictions, sentence, and the RVO finding in State v. Tate, 2013–Ohio–5150. The Ohio Supreme Court later declined jurisdiction.
- Tate filed multiple post‑conviction motions and a “Direct Attack Statutorily Violations” motion (Jan. 2017) challenging (1) the release of an alternate juror and (2) RVO sentencing; the trial court denied the motion and Tate appealed.
- The Fifth District affirmed, holding Tate’s claims were barred by res judicata because they were raised or could have been raised on direct appeal and the sentence was not void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by releasing a juror (using an alternate) | State: Matter was previously litigated/appealable; no relief warranted | Tate: Trial court improperly released an alternate juror in violation of statutes and rules | Affirmed — claim barred by res judicata; could have been raised on direct appeal |
| Whether Tate was improperly sentenced as a repeat violent offender | State: RVO finding and sentence were properly decided and are not void | Tate: RVO sentence illegal because prior conviction was outside statutory bounds or did not prove violence element | Affirmed — sentence not void; issues were raised or could have been raised on direct appeal and are barred by res judicata |
Key Cases Cited
- State v. Perry, 10 Ohio St.2d 175 (1967) (establishes res judicata rule barring issues raised or that could have been raised on direct appeal)
- State v. Millanovich, 42 Ohio St.2d 46 (1975) (post‑conviction relief limited to issues dependent on evidence outside the record)