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State v. Asadi-Ousley

Citations

  • 2023 Ohio 4322

Syllabus

Postconviction petition R.C. 2953.23 untimely successive speedy trial information R.C. 2941.021 res judicata ineffective assistance of counsel affidavits unavoidably prevented summary denial. - The trial court did not abuse its discretion in summarily denying appellant's untimely and successive postconviction petition because the doctrine of res judicata barred his claims or the appellant failed to satisfy the requirements of R.C. 2953.21. Appellant's speedy trial rights were not violated because merely being notified of potential charges does not amount to an \information\ under R.C. 2941.021. Additionally, appellant failed to demonstrate how he was unavoidably prevented from obtaining affidavits, but more importantly, the information contained therein did not demonstrate that his counsel was ineffective or that a reasonable factfinder would not have found him guilty of the offense.

Judges: Keough

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