State v. Jordan

2020-Ohio-1018 (Ohio Ct. App. 2020) · Ohio Court of Appeals, Ninth Judicial District · March 18, 2020 · No. C.A. No. 29403

Summary

The Ninth District Court of Appeals of Ohio affirmed the denial of Robert E. Jordan Jr.'s motion to vacate a void judgment. The court held that alleged defects in the original municipal-court complaint and warrant were rendered moot by the subsequent grand-jury indictment, which Jordan did not challenge as insufficiently notifying him of the charges.

Holdings

  1. The issuance of a grand-jury indictment rendered any alleged defect in the original complaint or warrant moot, where the defendant did not challenge the indictment as failing to provide sufficient notice of the charges.
  2. The trial court did not err in denying Jordan's motion to vacate a void judgment, and the assignment of error was overruled.

Questions Presented

  1. Whether alleged defects in the original municipal-court complaint and arrest warrant rendered Jordan's grand-jury indictment and resulting conviction void.
  2. Whether the trial court erred by denying Jordan's motion to vacate a void judgment.

Disposition

affirmed

Cases Cited (9)

  • State v. Jordan, 9th Dist. Summit No. 27690, 2015-Ohio-4354(followed as procedural history)
  • Deutsche Bank Natl. Tr. Co. v. Taylor, 9th Dist. Summit No. 28069, 2016-Ohio-7090, ¶ 14 fn. 1(followed)
  • Simpson v. Maxwell, 1 Ohio St. 2d 71, 71 (1964)(followed)
  • State v. Sands, 6th Dist. Huron No. H-14-004, 2014-Ohio-3439, ¶ 7(followed)
  • Dowell v. Maxwell, 174 Ohio St. 289, 290 (1963)(followed)
  • State v. Joseph, 73 Ohio St. 3d 450, 456 (1995)(followed)
  • State v. Rogers, 10th Dist. Franklin No. 17AP-610, 2018-Ohio-1073, ¶ 13(followed)
  • Clinger v. Maxwell, 175 Ohio St. 540, 541-542 (1964)(followed)
  • State v. Heard, 9th Dist. Summit No. 27340, 2015-Ohio-664, ¶ 4(followed)

Cited In (0)

No citing cases on record yet.

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