State v. Dye

Citations

• 2024 Ohio 3191

Syllabus

Petition for postconviction relief R.C. 2953.23 jurisdiction de novo review untimely petition unavoidably prevented from discovering evidence Brady violation exculpatory evidence suppressed by prosecution evidence made available to defense counsel self-serving affidavit court may not entertain untimely petition. Appellant failed to demonstrate that the claimed exculpatory evidence was willfully or inadvertently suppressed by the prosecution. His petition for postconviction relief was untimely, and he did not demonstrate a statutory exception that would allow the trial court to entertain his petition. The trial court therefore lacked jurisdiction to entertain the petition and should have dismissed it, but the error nonetheless was harmless.