Summary
The Ninth District Court of Appeals of Ohio affirmed Donna Castner’s convictions for theft from a person in a protected class and intimidation of a victim in a criminal case. Castner argued that her intimidation conviction was void because she was not personally served with the supplemental indictment or formally arraigned on the charge. The court held that, by appearing for trial with counsel and failing to object, Castner submitted to the court’s personal jurisdiction and could not later challenge the conviction on that basis.
Topics
Practice areas
Questions Presented
- Whether Castner's intimidation conviction was void because she was not personally served with the supplemental indictment or personally arraigned on the charge.
- Whether Castner submitted to the trial court's personal jurisdiction by appearing at trial with counsel and failing to object.
Holdings
- A judgment or sentence is void only when the court lacks subject-matter jurisdiction or personal jurisdiction. Even assuming that defense counsel's statements at the pretrial arraignment hearing did not waive the personal-jurisdiction issue, Castner submitted to the court's personal jurisdiction by appearing for trial with counsel and failing to object; therefore, her intimidation conviction was not void.
- Personal jurisdiction is a question of law reviewed de novo.
Key quotations
“A judgment or sentence is void only if it is rendered by a court that lacks subject- matter jurisdiction over the case or personal jurisdiction over the defendant.” (¶ 8)
“Because she submitted to the court’s jurisdiction at trial without objection, she may not now argue that her conviction is void for lack of personal jurisdiction.” (¶ 10)
Factual background
Castner was under a no-contact order concerning the victim after being indicted for theft from a person in a protected class. She later sent text messages to the victim, prompting the State to obtain a supplemental indictment charging intimidation of a victim in a criminal case two days before trial. Although Castner did not attend the arraignment hearing, her counsel stated that she knew of the charge, had received the related evidence, and was prepared to proceed. Castner then appeared for trial with counsel and did not object to the court's jurisdiction.
Procedural history
Castner was initially indicted for theft from a person in a protected class. Two days before trial, the trial court issued a supplemental indictment charging intimidation of a victim in a criminal case. Castner did not attend the arraignment hearing, but defense counsel appeared, acknowledged that Castner knew of the charge and that the defense was prepared to proceed. Castner appeared at trial with counsel, did not object to personal jurisdiction, was convicted on both counts, and received concurrent six-month prison sentences plus restitution. The Ninth District affirmed.