State v. Bridges

Citations

• 2023 Ohio 1048

Syllabus

Motion to vacate a void judgment R.C. 2953.21(A) R.C. 2953.23(A) petition for postconviction relief successive petition res judicata motion for transcript Civ.R. 58(B) vexatious litigator Loc.App.R. 23(A). Trial court did not err in denying appellant's motion to vacate a void judgment, construed as a successive petition for postconviction relief. Because appellant did not make the requisite showing under R.C. 2953.23(A)(1), the trial court lacked jurisdiction to consider his untimely, successive petition for postconviction relief. Furthermore, because appellant raised or could have raised the claims in his petition on direct appeal or in his prior petitions for postconviction relief, his claims were barred by res judicata. Trial court did not err in denying appellant's motion for trial transcript where official trial transcripts were prepared on appellant's behalf, at the state's expense, and filed in his direct appeal appellant was not entitled to another copy of official transcripts at the state's expense for use in his successive postconviction proceedings. Appellant was not deprived of an opportunity to appeal the trial court's denial of his 2014 petition for postconviction relief due to the trial court's failure to comply with Civ.R. 58(B). Appellant's repeated, continued attempts to litigate the same issues constitutes frivolous conduct pursuant to Loc.App.R. 23(A) appellant designated a vexatious litigator under Loc.App.R. 23.