State v. Castellon

Citations

• 2023 Ohio 4215

Syllabus

Petition for postconviction relief R.C. 2953.21 untimely successive rape kidnapping speedy trial prosecutorial misconduct ineffective assistance of counsel suppression of materially exculpatory evidence Confrontation Clause compulsory process cumulative errors. The trial court properly denied an untimely and successive petition for postconviction relief where the defendant failed to show that he had been unavoidably prevented from discovering the facts upon which he relied. While the defendant obtained additional records about his case through a Freedom of Information Act request after his conviction, the records did not materially add to his knowledge of the underlying facts of how investigators obtained the evidence against him. He had the information he needed to raise these claims in his direct appeal or in his first petition for postconviction relief. Indeed, he did raise permutations of all of these arguments in earlier proceedings. Thus, the trial court was without jurisdiction to consider the successive postconviction petition. Moreover, the arguments were barred by res judicata. Judgment affirmed.