Court of Appeals affirms conviction of Hillsboro man found guilty of trafficking in persons

The Fourth District Court of Appeals has upheld the conviction of a Hillsboro man sentenced in 2021 for trafficking in persons and pandering obscenity involving a minor, according to a decision and judgment entry posted this week.

As previously reported, a 15-count indictment was handed down against James Hugh McCartney, 64, in April 2021.

McCartney pleaded guilty to the first five counts of the indictment — trafficking in persons, a felony of the first degree, and four charges of pandering obscenity, all fourth-degree felonies — during a hearing in Highland County Common Pleas Court June 17, 2021. The other 11 counts were dismissed.

Highland County Common Pleas Court Judge Rocky Coss followed the recommendation in the plea agreement, sentencing McCartney to a minimum of 13 years in prison, including 11 years for trafficking in persons and six months for each pandering obscenity charge. McCartney is also classified as a Tier III sex offender, requiring registration every 90 days for life.

According to the judgment entry written Nov. 16 by appellate Judge Peter Abele, which was posted Nov. 27, McCartney represented himself when filing the appeal alleging five assignments of error, all of which were overruled.

The first two arguments of McCartney — that “the Reagan Tokes Law is unconstitutional,” and “that the act violates the separation of powers doctrine and appellant’s procedural due process rights” — were reviewed by the Court of Appeals jointly because the “two assignments of error are related.” Abele wrote that the Reagan Tokes Law has been upheld in decisions from multiple appellate courts as well as from the Ohio Supreme Court, which “recently resolved the conflict among Ohio appellate courts and determined that Ohio’s Reagan Tokes Law passes constitutional muster.

“In particular, the [Ohio Supreme C]ourt held that the law does not violate the separation of powers doctrine, does not violate a defendant’s right to a jury trial, does not violate a defendant’s due process rights and is not void for vagueness,” Abele wrote.

McCartney’s third assignment of error alleged “trial counsel rendered ineffective assistance of counsel, in violation of his constitutional rights.” However, that argument was partly based on his attorney’s failure “to argue that the Reagan Tokes Law is unconstitutional,” so the appellate court found this “without merit” as well.

According to the appellate court decision, McCartney’s third assignment also claims that “the trial court failed to comply with [Criminal Rule] 11 when it accepted his pleas [and] we assume that he argues that his counsel should have raised this issue.” Abele wrote that McCartney failed to share any “specific complaint or precise argument” for this alleged failure but that it appears McCartney “entered knowing, intelligent and voluntary pleas” in court.

The fourth argument raised by McCartney is that “the trial court erred when it failed to order a competency evaluation of the defendant prior to his change of plea.” The appellate court found that in April 2021, the court granted a motion for psychiatric evaluation and that in May 2021, McCartney was determined competent to stand trial.

“No other indication appears in the record to suggest that appellant’s competency should have been questioned at the change of plea hearing,” Abele wrote.

McCartney’s fifth argument was that the “trial court abused its discretion when it denied [him] his right to the appointment of counsel pursuant to Criminal Rule 44,” arguing that he “filed a motion for appointed counsel” along with a motion for delayed appeal with the Fourth District Court of Appeals on April 25, 2022. However, according to Abele, the appellate court granted both motions.

Judges Michael Hess and Kristy Wilkin concurred “in judgment and opinion” with the decision, according to the judgment entry.

McCartney is incarcerated in the North Central Correctional Institution, according to the Ohio Department of Rehabilitation and Correction. His expected release date/parole eligibility date is Feb. 22, 2034.