2018 Ohio 1649
Ohio Ct. App.2018Background
- Darren Taylor was convicted in 2013 of multiple felonies (including two murders) and sentenced to an aggregate term of 36 years to life; the court also ordered $6,575.49 restitution, $192 extradition costs, and unspecified court costs, with $168.60 forfeited toward those obligations.
- Taylor, incarcerated with $19 monthly prison earnings, filed a 2016 pro se motion to vacate and/or suspend court costs, asserting indigency and inability to pay; he attached an affidavit describing his finances and long sentence.
- The trial court denied the motion without making findings on Taylor’s indigency or ability to pay, reasoning that costs may be assessed against indigent defendants and that Taylor could pay now or upon release.
- Taylor sought reconsideration; the court denied it and invoked res judicata; this court granted Taylor a delayed appeal and construed the appeal as arising from both decisions.
- The appellate court reviewed whether the trial court abused its discretion by failing to inquire into Taylor’s present or future ability to pay court costs, and whether restitution could be challenged in this post‑judgment motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying motion to vacate/suspend court costs without inquiring into indigency | State: costs may be imposed on indigent defendants; no evidence Taylor cannot pay now or later | Taylor: court should consider present/future ability to pay and his indigency before denying waiver/suspension | Reversed as to court costs — trial court abused its discretion by not considering indigency/ability to pay; remanded for such inquiry |
| Whether restitution order could be vacated or stayed in this motion | State: restitution was properly imposed at sentencing and is not before this motion | Taylor: challenged clerk’s assessments including restitution and argued inability to pay | Affirmed as to restitution — restitution judgment not subject to relitigation due to res judicata and trial court lacked authority to reduce amount here |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (Ohio 2004) (court costs may be assessed against indigent defendants)
- State v. Threatt, 108 Ohio St.3d 277 (Ohio 2006) (procedural guidance on assessment and collection of costs)
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (Ohio 1995) (res judicata bars claims arising from same transaction)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata in criminal appeals)