State v. Culberson

Citations

• 2021 Ohio 2214

Syllabus

After pleading guilty to several offenses, appellant filed a timely petition for postconviction relief, pro se, but he did not file a direct appeal. The trial court denied the petition in full, prompting the instant appeal. The trial court did not err in refusing to address the Fourth and Fourteenth Amendment claims raised in appellant's petition for postconviction relief. Some of those claims involved charges in a separate case that were dismissed as part of the plea deal others involved the facts of the current case, but were barred by res judicata because challenges to a search conducted in this case could have been brought on direct appeal. Even if assessed on their merits, the claims concerning the search of the vehicle in this case would fail. In addition, the record does not support that appellant's counsel, a seasoned trial attorney, was deficient in advising him to accept the plea deal. Judgment affirmed.