State v. Turner
949 N.E.2d 57
Ohio Ct. App.2011Background
- Turner, parolee with 1995 burglary conviction; released to Alvis Halfway House in Dayton in 2008.
- Parole supervisor Butler reviewed Turner’s Conditions of Supervision, including a clause that absconding could lead to escape charges under R.C. 2921.34.
- Turner missed the January 22, 2009 meeting and was terminated from the program on January 29, 2009.
- Turner did not report to PAR offices on January 30, 2009; no forwarding address was provided.
- A warrant issued March 3, 2009; Turner arrested July 2009; he failed to contact Butler prior to arrest.
- Turner was indicted for escape, bench-tried, convicted, and sentenced to two years; he appealed alleging vagueness and equal-protection concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vagueness of escape statute as applied | Turner argues ‘break’ is vague. | State contends statute provides notice and guidance. | Not vague; notice and guidelines exist. |
| Equal protection/ selective prosecution | Turner claims selective enforcement. | Prosecutorial discretion presumed, no proof of discriminatory intent. | No merit; no evidence of selective prosecution. |
Key Cases Cited
- State v. Ferguson, 120 Ohio St.3d 7 (2008-Ohio-4824) (presumed constitutional; vagueness standard; notice to ordinary people)
- United States v. Armstrong, 517 U.S. 456 (1996) (strong presumption of regularity in prosecutorial discretion)
- State v. Anderson, 57 Ohio St.3d 168 (1991) (vagueness requires notice and clear guidelines)
- State v. Norris, 147 Ohio App.3d 224 (2002) (selective prosecution burden; proof of intentional discrimination)