City of Rocky River v. Kline, Unpublished Decision (9-6-2001)
City of Rocky River v. Kline, Unpublished Decision (9-6-2001)
Opinion of the Court
The doctrine of res judicata prohibits this court from reopening the original appeal. Errors of law that were either raised or could have been raised through a direct appeal may be barred from further review vis-a-vis the doctrine of res judicata. See, generally, State v. Perry
(1967),
Herein, Ms. Kline sought to appeal her case to the Supreme Court of Ohio, which denied her appeal. Because the issues of ineffective assistance of appellate counsel or the substantive issue listed in the application for reopening could have been raised, res judicata now bars re-litigation of this matter. We further find that the application of resjudicata would not be unjust.
Additionally, we find Kline's sole assignment of error to be moot. In her application, Kline, through counsel, states that the trial court committed error in accepting appellant's no contest plea. A review of the record indicates that Ms. Kline satisfied all her fines and costs on May 23, 2001. "Where a criminal defendant, convicted of a misdemeanor, voluntarily satisfies the judgment imposed upon him or her for that offense, an appeal from the conviction is moot unless the defendant has offered evidence from which an inference can be drawn that he or she will suffer some collateral legal disability or loss of civil rights stemming from that conviction." State v. Golston (1994),
In the matter, sub judice, Kline has not affirmatively demonstrated to this court that these convictions caused her to suffer some legal disability or loss of civil rights.1 Accordingly, we deny her application.
Application denied.
TIMOTHY E. McMONAGLE, J., and ANNE L. KILBANE, J., CONCUR.
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