State v. Fitzpatrick

Citations

• 203 N.E.3d 195
• 2022 Ohio 4381

Syllabus

JURISDICTION - FINAL ORDER – R.C. 2505.02 – POSTCONVICTION – R.C. 2929.025 – SERIOUS MENTAL ILLNESS Under R.C. 2929.025, a defendant who has a \serious mental illness\ as defined in the statute and meets other statut0ry criteria is ineligible for the death penalty, and a defendant sentenced to the death penalty may file a petition for postconviction relief asking the court to vacate the sentence. Even though postconviction proceedings are special proceedings under R.C. 2505.02(B)(2), the trial court's order granting the state's motion to appoint an expert to conduct a psychological examination was not a final, appealable order because it did not affect defendant's constitutional right against self-incrimination or his rights under the serious-mental-illness statute. Even if proceedings under the serious-mental-illness statute constitute a provisional remedy under R.C. 2505.02(B)(4), the trial court's order granting the state's motion for the court to appoint an expert to conduct a psych0logical examination did not determine the action with respect to the provisional remedy and defendant will still have a meaningful and effective remedy by an appeal following the disposition of his postconviction proceeding.