State v. Tinney
2012 Ohio 72
Ohio Ct. App.2012Background
- 1988 Ted White murdered in a Mansfield waterbed store; Tinney formerly worked for White.
- 1992 Tinney pled guilty to White’s murder and one count of aggravated robbery under a plea deal; sentences run concurrent to each other and consecutive to a burglary sentence; no direct appeal.
- 1992–1994 trial court denied Tinney’s competency/withdrawal challenges; ruling held Tinney knowingly and voluntarily waived rights and pled guilty.
- 2004/2005 Tinney, proceeding pro se, filed a second Crim.R. 32.1 motion to withdraw plea and for innocence claims; court denied.
- 2009 Tinney filed current postconviction petition and renewed motion to withdraw plea with new psychological evidence; 2011 court denied petition but granted withdrawal, prompting State appeal.
- Court remanded for an evidentiary hearing on the withdrawal motion; issues include res judicata and manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Tinney's Crim.R. 32.1 motion | Tinney raised new and lingering concerns; res judicata does not bar. | State argues prior decisions barred claims. | Res judicata does not bar Tinney’s Crim.R. 32.1 motion. |
| Whether the trial court erred by not dismissing for lack of jurisdiction | |||
| Whether the trial court erred in not holding an evidentiary hearing | Tinney’s new evidence and non-record facts require an evidentiary hearing. | State contends no hearing needed given existing record. | Third Assignment of Error sustained; evidentiary hearing required. |
Key Cases Cited
- State v. McLeod, 2004-Ohio-6199 (Ohio (App.) 2004) (addresses res judicata in Crim.R. 32.1 context)
- State v. Kent, 2003-Ohio-6156 (Ohio (App.) 2003) (bars piecemeal postconviction claims when they could have been raised earlier)
- Washburn v. Senff, 2003-Ohio-4379 (Ohio (App.) 2003) (res judicata not to defeat ends of justice in postconviction)
- State v. Copeland–Jackson, 2003-Ohio-1043 (Ohio (App.) 2003) (considers manifest injustice and Crim.R. 32.1 timing factors)
- State v. Aleshire, 2010-Ohio-2566 (Ohio (App.) 2010) (postconviction standards and manifest injustice)