Court of Appeals of Ohio, Twelfth District, Brown
APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS Case No.
Zachary Corbin, Brown County Prosecuting Attorney, Mary
McMullen, 510 East State Street, Suite 2, Georgetown, Ohio
45121, for plaintiff-appellee
Van Tielen, #A629095, Chillicothe Correctional Institution,
P.O. Box 5500, Chillicothe, Ohio 45601, for
1} Defendant-appellant, John Van Tielen, appeals a
decision of Brown County Court of Common Pleas, denying his
motion for return of property. For the reasons detailed
below, we reverse the decision of the trial court and remand
this matter for further proceedings.
2} Van Tielen has previously been before this court
several times, arguing issues related to his convictions for
pandering sexually-oriented material involving a minor. Van
Tielen was arrested after a multi-state investigation was
conducted regarding the sharing of child pornography over the
internet. A search warrant was executed on Van Tielen's
computer, and officials located photographs containing
graphic child pornography.
3} On March 17, 2010, Van Tielen pled guilty to four
counts of pandering sexually-oriented material involving a
minor. The trial court ordered Van Tielen to six years'
imprisonment on each of the counts. Each six-year sentence
was mandatory because Van Tielen had previously been
convicted of rape and attempted rape. The trial court ordered
the sentences to run consecutive to one another, for a total
aggregate sentence of 24 years.
4} Van Tielen has since filed several appeals
related to his conviction and sentence. This appeal does
not relate to Van Tielen's conviction or sentence, but
instead involves his June 13, 2016 motion for return of
property. At the time, Van Tielen did not have any pending
matters on appeal. The trial court denied Van Tielen's
motion in a judgment entry, relying on principles of res
judicata. Van Tielen now appeals, raising three assignments
of error for review.
5} Assignment of Error No. 1:
6} THE COURT OF COMMON PLEAS VIOLATED
APPELLANT'S DUE PROCESS RIGHTS WHEN IT CLAIMED IT DOES
NOT HAVE JURISDICTION AND REFUSED TO RETURN APPELLANT'S
7} Assignment of Error No. 2:
8} THE COURT OF COMMON PLEAS COMMITTED [sic] BY NOT
FOLLOWING STATUTORY REQUIREMENTS WHEN THE COURT REFUSED TO
RETURN APPELLANT'S PROPERTY WITHOUT FOLLOWING MANDATES OF
R.C. 2981 ET SEQ AND 2941.17.
9} Assignment of Error No. 3:
10} THE COURT OF COMMON PLEAS COMMITTED ERROR WHEN
IT ATTACHED RES JUDICATA TO ...