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