State v. Wilson

In State v. Wilson, 73 Ohio St.3d 40, 1995 Ohio 217, 652 N.E.2d 196, the defendant was convicted of grand theft in the Court of Common Pleas, General Division, when he was 17 years old. Twelve years later he moved to vacate the conviction on the grounds that, because he was a juvenile at the time of the offense and a bindover had not occurred, the court lacked subject matter jurisdiction. The Ohio Supreme Court found that the conviction was void ab initio because, absent a bindover from the juvenile court, the common pleas court general division lacked subject matter jurisdiction. Id. at 44. A party's failure to challenge a court's subject matter jurisdiction cannot be used to bestow jurisdiction on a court where there is none. Id. at 46. Where a conviction is void ab initio for lack of subject matter jurisdiction, a post-conviction motion to vacate is not barred by the doctrine of res judicata. Id. at 45.