State v. Graggs

Citations

• 2019 Ohio 361

Syllabus

Trial court erred in denying appellant's successive petition for postconviction relief, without a hearing, because the trial court's decision shows that it did not consider one of the affidavits submitted in support of appellant's claim of ineffective assistance of trial counsel, and because the affidavits submitted with the petition, if believed, arguably support a finding that appellant was unavoidably prevented from discovery of the facts on which his claim of ineffective assistance of trial counsel relies and that, but for trial counsel's ineffectiveness, no reasonable jury could have found appellant guilty of the offenses. Judgment reversed and cause remanded for the trial court to consider all the evidence submitted in support of the petition and to re-determine whether appellant is entitled to a hearing on the merits of his petition.