State ex rel. West v. McDonnell

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Appellant was found guilty of four felonies, with forfeiture specifications, for running a marijuana-distribution operation out of a building he and his brothers owned on Scranton Road. Common Pleas Court Judge Nancy McDonnell issued a sentencing entry listing the property at Scranton Road as property to be forfeited. On October 11, 2011, Appellant appealed the sentencing order. On January 13, 2012, Judge McDonnell issued a journal entry reiterating Appellant’s sentence and ordering transfer of the property. On October 23, 2012, Appellant sought a writ of prohibition to vacate Judge McDonnell’s January 13, 2012 order, arguing that Judge McDonnell lacked jurisdiction to enter the order. The court of appeals dismissed Appellant’s petition, concluding that Ohio Rev. Code 2981.04 vested Judge McDonnell with jurisdiction to conduct forfeiture proceedings even after the notice of appeal was filed. The Supreme Court affirmed, holding that Judge McDonnell did not patently and unambiguously lack jurisdiction and that any errors in the proceedings should be addressed on appeal. View "State ex rel. West v. McDonnell" on Justia Law