State v. Carter

Citations

• 2019 Ohio 1749

Syllabus

POSTCONVICTION—JURISDICTION—RES JUDICATA: Defendant's postconviction motion for relief from judgment was subject to dismissal without a hearing: the motion was not reviewable under Civ.R. 60(B), but was reviewable under R.C. 2953.21 et seq., governing the proceedings on a petition for postconviction relief but the postconviction statutes did not confer jurisdiction to entertain his late challenge to his 2015 conviction, res judicata barred his timely challenge to his 2016 conviction, and neither challenge would have rendered his convictions void. A court of appeals has no jurisdiction to review an assignment of error challenging a common pleas court's judgment overruling defendant's motion requesting recusal from deciding his postconviction motion for relief from his convictions.