State v. Walkup
101 N.E.3d 544
| Ohio Ct. App. | 2017Background
- In 1996 Bobby Walkup was convicted of murder (lesser-included of aggravated murder) with a firearm specification and assault; sentenced to 15 years-to-life plus three years actual on the firearm spec.
- Crimes occurred December 23, 1995; thus pre-July 1, 1996 law (former shock-probation statute R.C. 2947.061) governs eligibility.
- Walkup filed a motion for shock probation on November 10, 2016; trial court denied it by entry dated May 1, 2017. He appealed.
- Statutory eligibility rules (former R.C. 2951.02) barred probation/shock probation for persons convicted of murder or when the offense involved a firearm; Walkup’s murder conviction with a firearm specification rendered him statutorily ineligible.
- The court also addressed whether the denial of shock probation is a final, appealable order and concluded it was not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by not applying statutory criteria for shock probation under R.C. 2929.201 | State: denial was proper given statute and ineligibility | Walkup: trial court failed to determine motion under R.C. 2929.201 and violated due process | Court: Walkup is statutorily ineligible (murder + firearm); denial proper |
| Whether denial of shock-probation motion is a final, appealable order | State: denial is not final; appellate court lacks jurisdiction | Walkup: appealed the denial as a reviewable order under due process | Court: denial is not a final appealable order; appellate jurisdiction lacking; appeal dismissed |
Key Cases Cited
- State v. Coffman, 91 Ohio St.3d 125 (Ohio 2001) (denial of a motion under former shock-probation statute is not a final, appealable order)
- Denham v. New Carlisle, 86 Ohio St.3d 594 (Ohio 1999) (final-judgment requirements for appealability)
- General Acc. Ins. Co. v. Insurance of North America, 44 Ohio St.3d 17 (Ohio 1989) (appellate courts have jurisdiction only over final orders)
- State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543 (Ohio 1997) (appellate courts must sua sponte address whether an order is final and appealable)