State v. Graggs

Citations

• 2019 Ohio 4694

Syllabus

Where a postconviction petition failed to show that defense counsel was aware of or should have discovered the exculpatory evidence at issue, it failed to establish that defense counsel was ineffective in failing to present the exculpatory evidence. A claim that the petitioner's imprisonment is unlawful because he is innocent should have been asserted via a motion for a new trial rather than a postconviction petition because it does not allege a predicate rights violation as required by R.C. 2953.21(A)(1)(a).