State v. Burner

Citations

• 2020 Ohio 2930

Syllabus

COMPETENCY — CIV.R. 60(B) — CRIM.R. 57(B): The municipal court erred in granting defendant's motion to vacate his sexual-imposition conviction pursuant to Civ.R. 60(B)(5) where the court did not apply Civ.R. 60(B) standards and defendant failed to show his motion, which was filed nearly two years after the judgment was entered, was filed within a reasonable time. [See CONCURRENCE: The trial court applied the proper Civ.R. 60(B)(5) standards, but abused its discretion in granting the motion because the record contains insufficient evidence to establish that defendant's former counsel knew or should have known about defendant's limited intellectual capacity.]