State v. Hammond

Citations

• 2021 Ohio 2493

Syllabus

POSTCONVICTION—CONSTITUTIONAL LAW/CRIMINAL—JURISDICTION—CRIM.R. 36: Defendant's postconviction claims seeking relief from his convictions under R.C. 2941.25, the multiple-counts statute, were subject to dismissal for lack of jurisdiction: the claims were reviewable under R.C. 2953.21 et seq., governing the proceedings on a petition for postconviction relief, because they sought relief based on alleged constitutional violations during the proceedings leading to defendant's convictions, R.C. 2953.21(A)(1) but the postconviction statutes did not confer jurisdiction to entertain the claims, because the claims did not satisfy R.C. 2953.21(A)(2)'s time restrictions or R.C. 2953.23's jurisdictional requirements for entertaining a late postconviction claim. A clerical error in the judgment of conviction entered following resentencing pursuant to the appeals court's remand was not subject to correction under Crim.R. 36: the judgment was a legal nullity, because it was entered after the appeals court's decision remanding the case had been appealed to the Supreme Court of Ohio and in that appeal, the Supreme Court reinstated the original judgment of conviction.