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State v. Baker

Citations

  • 2024 Ohio 4448

Syllabus

PETITION FOR POST-CONVICTION RELIEF R.C. 2953.21 R.C. 2953.23(A). The defendant-appellant's petition for post-conviction relief is untimely because it was filed many years after the 365-day deadline set forth in R.C. 2953.21. Because the defendant-appellant failed to establish that he is entitled to file a delayed petition for post-conviction relief under one of the exceptions in R.C. 2953.23(A), the trial court was without jurisdiction to consider the untimely petition.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Importantly, a trial court lacks jurisdiction to entertain an untimely petition for post-conviction relief unless the petitioner demonstrates that one of the R.C. 2953.23(A) exceptions applies.”
  • “Importantly, a trial court lacks jurisdiction to entertain an untimely petition for post-conviction relief unless the petitioner demonstrates that one of the R.C. 2953.23(A) exceptions applies.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Zimmerman

Read full opinion on CourtListener

Cites

7 cases in this archive are cited by this case.

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