State v. Clark

Citations

• 2021 Ohio 2771

Syllabus

R.C. 2953.21/postconviction relief ineffective assistance of counsel new evidence evidentiary hearing. Appellant's trial counsel's decision to not use witness testimony regarding appellant's good behavior can be considered trial strategy where using the witness testimony would have allowed appellee to raise appellant's prior convictions. Further, none of the facts in the witness affidavits related incidents to around the time of the victim's injuries or explained how the victim sustained the burn injuries. Appellant has failed to provide any new substantive evidence to establish any constitutional error. Additionally, appellant failed to file appellant's motion to amend the postconviction-relief petition within the required time frame to do so. Appellant's counsel's performance was not deficient, and the trial court did not violate appellant's due process rights by not holding an evidentiary hearing there was no error where the trial court dismissed appellant's postconviction-relief petition.