State v. Barrow

Citations

• 2020 Ohio 3719

Syllabus

Postconviction successive untimely jurisdiction R.C. 2953.23 due process actual innocence constitutional claim unavoidably prevented -Trial court did not abuse its discretion in denying defendant's successive and untimely petition for postconviction relief because the trial court lacked subject matter jurisdiction when defendant did not meet the jurisdictional requirements of R.C. 2953.23 by failing to (1) demonstrate that he was unavoidably prevented from discovering the alleged new evidence, and (2) raise a constitutional claim. The claim of actual innocence is not a cognizable constitutional claim to raise in a petition for postconviction relief.