State v. Bell

Citations

• 2023 Ohio 2073

Syllabus

POSTCONVICTION – RES JUDICATA: The common pleas court lacked subject-matter jurisdiction to entertain defendant's untimely petition for postconviction relief under R.C. 2953.23(A) where defendant failed to show that he was unavoidably prevented from discovering the facts upon which his claims relied or that his claims were based on a new state or federal right recognized by the United States Supreme Court. The common pleas court lacked jurisdiction to entertain defendant's statutory challenges to the imposition of his sentences: these claims were not reviewable under any postconviction proceeding provided by rule or statute and the sentences were not correctable under the jurisdiction to correct a void judgment when it was imposed by a court with personal and subject-matter jurisdiction. Res judicata barred defendant from relitigating his challenge to the trial court's subject-matter jurisdiction over the proceedings leading to his convictions.