State v. Weaver
2013 Ohio 430
Ohio Ct. App.2013Background
- Appellant Jacob Weaver was arrested January 19, 2007 for raping a child in 1999 and jailed until his plea.
- On August 3, 2007 he pled guilty and was sentenced August 31, 2007 to eight years, and designated a sexual predator.
- He did not appeal his conviction or sentence at that time.
- In 2011 the court vacated Weaver’s Tier III offender status and reinstated the prior designation following an appeal.
- On May 10, 2012 Weaver moved to vacate his sentence arguing a speedy-trial violation; the trial court denied the motion.
- The Seventh District Court of Appeals affirmed, holding that speed-trial issues do not void a conviction or sentence and that waiver via guilty plea forecloses the claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do speedy-trial claims void a sentence? | Weaver argued the speedy-trial violation voided his sentence. | State asserts speedy-trial issues do not void a conviction or sentence. | Speedy-trial issues do not void a sentence. |
| Did Weaver waive the speedy-trial claim by pleading guilty? | Weaver contends he did not bar the claim by plea. | Guilty plea waives non-jurisdictional pre-plea errors, including speedy-trial claims. | Waiver by guilty plea bars the speedy-trial claim. |
| Can a post-conviction relief petition be used to challenge pre-sentencing speedy-trial issues? | Weaver relied on post-conviction relief to address speedy-trial concerns. | Speedy-trial issues should be raised on direct appeal; post-conviction relief is inappropriate here. | Post-conviction relief was improper for pre-sentencing speedy-trial issues. |
| Was the case properly characterized as post-conviction relief or direct-appeal issue? | Weaver claimed the issue could be raised under R.C. 2953.21. | Issues could have been raised on direct appeal or were not properly before the court as post-conviction claims. | The issues were not properly raised under post-conviction relief statutes. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (invalid sentence cannot be corrected by post-conviction relief when pre-sentence errors exist)
- State v. Kelley, 57 Ohio St.3d 127 (Ohio 1991) (guilty plea waives non-jurisdictional speedy-trial claims)
- State v. Reynolds, 79 Ohio St.3d 158 (Ohio 1997) (res judicata bars post-conviction relief claims that could have been raised on direct appeal)
- State v. Steffen, 70 Ohio St.3d 399 (Ohio 1994) (post-conviction relief limitations; direct-appeal timing matters)
- State v. Ishmail, 54 Ohio St.2d 402 (Ohio 1978) (record-based arguments not raised below cannot be added on appeal)
- State v. King, 70 Ohio St.3d 158 (Ohio 1994) (valid or defective waiver of speedy-trial rights must be on record or written)
- State v. Davis, 7th Dist. No. 08MA80, 2009-Ohio-4639 (Ohio 2009) (pre-plea speedy-trial claims generally raised on direct appeal or barred)
- Ross v. Common Pleas Ct. of Auglaize Cty., 30 Ohio St.2d 323 (Ohio 1972) (plea-based waivers and pretrial issues precede final conviction)