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
- 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.
- 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
- Whether alleged defects in the original municipal-court complaint and arrest warrant rendered Jordan's grand-jury indictment and resulting conviction void.
- 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.
Court Document
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