State v. Thompson (Slip Opinion)
147 Ohio St. 3d 29
| Ohio | 2016Background
- Lowell W. Thompson pled guilty to multiple sexual-offense counts and was sentenced on January 11, 2011; the sentencing entry acknowledged 184 days of jail-time credit.
- In February 2014 Thompson moved in the sentencing court for an additional 87 days of jail-time credit for pre-indictment confinement under R.C. 2929.19(B)(2)(g)(iii).
- The trial court denied Thompson’s motion; Thompson filed a pro se appeal arguing the denial was erroneous.
- The court of appeals dismissed the appeal as nonfinal, holding the order denying the jail-time-credit motion was not a final, appealable order.
- Thompson appealed to the Ohio Supreme Court, which considered whether denial of a post-sentencing jail-time-credit motion under R.C. 2929.19(B)(2)(g)(iii) is a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a motion to correct jail-time credit under R.C. 2929.19(B)(2)(g)(iii) is a final, appealable order under R.C. 2505.02(B)(2) | Thompson: denial affects a substantial right and is in a special proceeding created by statute, so it is final and appealable | State: argued (and court of appeals held) the order was not a final, appealable order | Held: Denial is a final, appealable order because it affects a substantial right and is made in a special proceeding created by statute |
Key Cases Cited
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (2003) (discussing availability of direct appeal to challenge jail-time-credit determinations)