State v. Boyle

Citations

• 2022 Ohio 2165

Syllabus

Appellant's \Motion for Fraud Upon the Court\ was correctly construed by the trial court as a petition for post-conviction relief. It was both successive and untimely, as it was filed over eight years after his conviction. Furthermore, because the untimeliness of appellant's motion was not excused under R.C. 2953.23(A), the trial court lacked jurisdiction to consider it and properly overruled it on that basis. Judgment affirmed.