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