State v. Anderson

Citations

• 2025 Ohio 1254

Syllabus

Petition for postconviction relief; untimely petition; R.C. 2953.21; R.C. 2953.23; Brady material; ripeness. Trial court did not err when it denied appellant's untimely petition for postconviction relief for lack of subject-matter jurisdiction where the petition failed to establish entitlement to consideration as required by R.C. 2953.23(A). Appellant's unsubstantiated and self-serving claim that he did not receive police reports was insufficient to establish that the State suppressed evidence, where the appellant argued in the alternative that he did not receive the police reports, or if he received them, he received ineffective assistance of counsel when his attorney failed to utilize them to impeach the State's witnesses. Appellant's argument challenging the State's res judicata argument is not ripe for review because the trial court summarily denied the petition and did not reach the merits.