State v. Battigaglia

Citations

• 2021 Ohio 1781

Syllabus

Petition for postconviction relief R.C. 2953.21(A)(2) R.C. 2953.23(A) untimely. The trial court did not err when it denied the petitioner's untimely petition for postconviction relief because the petitioner did not meet the threshold requirements under R.C. 2953.23(A). He did not claim that he was unavoidably prevented from discovering facts or that the United States Supreme Court has recognized a new federal or state right that applies retroactively to him. Because he pleaded guilty, he also could not have met the requirement that but for the constitutional error at trial, no reasonable fact-finder would have found him guilty.