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State v. Walker
2012 Ohio 697
Ohio Ct. App.
2012
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Background

  • Defendant Anthony Walker was indicted in 1991 on multiple counts including aggravated murder with mass murder and felony murder, plus related offenses.
  • He was found guilty at trial in 1991 and sentenced to death for aggravated murder with the mass murder specification; other counts received concurrent or aggregate sentences.
  • This court reversed for ineffective assistance of counsel and remanded for a new trial in 1993 (Walker I).
  • Retrial occurred in 1995-1996; jury convicted on six of seven counts and sentenced to an aggregate term of 33 years to life, journalized in 1998 nunc pro tunc for March 13, 1996.
  • Walker pursued appeals in 1998 and 1999; convictions and sentence were affirmed in 1999 (Walker II).
  • In 2010 Walker moved for resentencing and a revised journal entry under Crim.R. 47; the trial court issued a nunc pro tunc entry in 2011 correcting the clerical omission of the manner of conviction and denied a new sentencing hearing.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
May a nunc pro tunc entry correct a Baker-type void judgment? Walker contends Baker voids correction via nunc pro tunc. State argues Lester permits clerical corrections to reflect jury conviction. Nunc pro tunc entry proper to fix clerical omission; judgment remains final.

Key Cases Cited

  • State v. Baker, 119 Ohio St.3d 197 (2008) (final appealable order requirements under Crim.R. 32(C))
  • State v. Lester, 130 Ohio St.3d 303 (2011) (clerical corrections via nunc pro tunc do not create new final order)
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Case Details

Case Name: State v. Walker
Court Name: Ohio Court of Appeals
Date Published: Feb 23, 2012
Citation: 2012 Ohio 697
Docket Number: 96486
Court Abbreviation: Ohio Ct. App.