State v. Beatty-Jones

Citations

• 2017 Ohio 2605

Syllabus

The trial court did not err in overruling Appellant's motion to vacate a void judgment. The motion alleged error in jury instructions that were given during Appellant's trial. This error, if it occurred, would have rendered the judgment voidable, rather than void. Because Appellant could have raised the error during his direct appeal, his motion is barred by res judicata. Even if this had been otherwise, the motion to vacate was without merit. Appellant's motion was also untimely to the extent it might be construed as a motion for new trial under Crim.R. 33 or as a petition for post-conviction relief under R.C. 2953.21. The time for filing such motions elapsed many years ago, and Appellant failed to raise any grounds for allowing an exception to the time limits. Affirmed.