State v. Cody

Citations

• 2019 Ohio 2824

Syllabus

R.C. 2953.21/postconviction petition jurisdiction law-of-the-case doctrine res judicata Crim.R. 33(A)(2) and (A)(6)/motion for new trial abuse of discretion. The law-of-the-case doctrine was established where this court issued its journal entry and opinion on appellant's appeal on his convictions. Appellant's identical successive motion and arguments are barred. Additionally, appellant's argument regarding jurisdiction on all counts could have been raised in his appeal to overturn his convictions. Accordingly, that issue is now barred by res judicata. Appellant's postconviction petition is untimely and appellant has failed to show that he was unavoidably prevented from discovering any new evidence for which his motion for a new trial could have been granted. There was no abuse of discretion where the trial court denied appellant's motions.