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State v. Walker
2014 Ohio 4841
Ohio Ct. App.
2014
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Background

  • In 2006 Gregory L. Walker was convicted of murder with firearm specifications and having a weapon while under disability; sentenced to 23 years to life and ordered to pay court costs.
  • Walker appealed his convictions; this court affirmed the convictions on direct appeal.
  • Walker later moved to vacate the court costs; the trial court denied that motion and this court affirmed, holding res judicata barred the challenge because costs could have been raised on direct appeal.
  • In January 2014 Walker moved for an order permitting the clerk of courts to set up a payment plan (he proposed paying $10/month and asked the clerk to stop DRC withholdings while the plan was in place).
  • The State opposed the motion and the trial court denied it; Walker appealed, asserting the court abused its discretion and the prosecutor had a duty to urge a payment plan.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court abused its discretion by denying Walker's request to allow the clerk to establish a payment plan for court costs The State argued the court had discretion and that Walker’s motion was barred by prior rulings/res judicata Walker argued the court should permit a clerk-administered payment plan and direct the DRC to stop withholdings while plan was in place Court: Denial affirmed; Walker’s claims barred by res judicata and the court was not required to create a payment plan
Whether the prosecutor had a duty under R.C. 309.08(A) to urge a payment plan State: Prosecutor has no duty to advocate for a defendant or propose a payment plan Walker: Prosecutor must "faithfully urge the collection" and thus should have urged a payment plan Court: No such duty; statute does not require prosecutor to advocate on defendant’s behalf

Key Cases Cited

(There were no key authorities in this opinion that have official reporter citations suitable for Bluebook form.)

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Case Details

Case Name: State v. Walker
Court Name: Ohio Court of Appeals
Date Published: Oct 30, 2014
Citation: 2014 Ohio 4841
Docket Number: 101213
Court Abbreviation: Ohio Ct. App.