State v. Wright
2016 Ohio 7248
| Ohio Ct. App. | 2016Background
- Raymond Lee Wright was convicted in 1984 of rape and felonious sexual penetration and was ordered to pay court costs (amount left blank in the termination entry).
- In January 2000 the State filed a Motion to Revive a dormant judgment for costs ($2,021.70); notice was mailed to Wright at his prison address, and a hearing was scheduled for February 4, 2000.
- On February 17, 2000 the trial court entered an Order reviving the judgment; Wright did not appeal that order.
- Wright later filed several motions (2001, 2007, 2009) challenging costs; the court ruled on some and mailed decisions to Wright at his prison address; he did not appeal those rulings.
- In November 2015 Wright filed a Motion to Vacate the revived dormant judgment, arguing lack of notice/opportunity to be heard and that the original sentence omitted a costs amount; the trial court overruled the motion and Wright appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wright can challenge the 2000 revival of the dormant judgment after failing to appeal the revival order | State: revival was properly served and the order is final; res judicata bars relitigation | Wright: he lacked meaningful notice/ opportunity to be heard at the 2000 revival hearing | Court: res judicata applies; because no appeal was taken, Wright cannot now challenge the 2000 revival |
| Whether the omission of a specific costs amount in the 1984 sentencing entry absolves Wright of paying costs | State: calculating costs later is ministerial; omission does not prevent assessment later | Wright: blank costs amount in termination entry means no obligation to pay | Court: follows Threatt — assessing unspecified costs later is permissible; omission does not defeat finality or obligation |
Key Cases Cited
- Grava v. Parkman Township, 73 Ohio St.3d 379, 653 N.E.2d 226 (Ohio 1995) (res judicata bars claims arising from same transaction after a final judgment)
- State v. Perry, 10 Ohio St.2d 175, 226 N.E.2d 104 (Ohio 1967) (res judicata bars issues that were or could have been raised on direct appeal)
- State v. Threatt, 108 Ohio St.3d 277, 843 N.E.2d 164 (Ohio 2006) (failure to specify court costs at sentencing is ministerial; costs can be calculated later)