State v. Fraley

Citations

• 2026 Ohio 1964

Syllabus

Criminal law—Postconviction relief—R.C. 2953.21—Under R.C. 2953.21(A)(2)(a), a petition for postconviction relief under R.C. 2953.21(A)(1)(a)(i) must be filed no later than 365 days after date on which transcript of trial-court proceedings is filed in a defendant's direct appeal, or if no appeal is taken, no later than 365 days after expiration of the time for filing the appeal—Trial court dismissed appellant's postconviction petition as untimely when appellant filed petition within 365 days after date on which he filed transcript of trial-court proceedings in support of his App.R. 26(B) application to reopen his appeal—A reopened appeal under App.R. 26(B) is not a direct appeal, so filing a transcript of trial-court proceedings in support of an App.R. 26(B) application to reopen does not determine the deadline for filing a postconviction petition—Court of appeals' judgment affirming trial court's judgment dismissing appellant's postconviction petition affirmed.