State v. Dye

Citations

• 2021 Ohio 207

Syllabus

Postconviction relief untimely ineffective assistance of counsel conflict of interest eyewitness amended petition abuse of discretion. Appellant filed a timely petition for postconviction relief with four claims then filed an amended petition for postconviction relief with a fifth claim. The trial court denied his petition as untimely and did not have a hearing. Despite that the court gave a full and fair hearing to each of the appellant's claims. The appellant submitted affidavits of additional eyewitness testimony that he argues shows he did not commit the murder he was convicted of. He argues that his counsel was ineffective for failing to present these witnesses. We found that the eyewitness's testimony was not credible. At trial, the state presented evidence that the appellant was familiar with guns, through photos and evidence that guns were found in his room. Appellant now presents affidavit testimony that he argues would have eliminated the prejudicial effect of the state's evidence. However, we do not find that counsel's failure to present the evidence was prejudicial because the jury did not believe the appellant's self-defense argument. Finally, appellant presented affidavit testimony that his attorney had a conflict of interest. We did not find a conflict of interest. Accordingly, we did not find that the trial court abused its discretion.