State v. Hardman

Citations

• 2022 Ohio 3309

Syllabus

POSTCONVICTION – RES JUDICATA: The common pleas court properly denied under the doctrine of res judicata petitioner's postconviction claims challenging trial counsel's ineffectiveness in failing to call two witnesses and introducing certain character evidence: the evidence outside the record that was submitted in support of these claims was not cogent in the sense that it could not fairly be said to advance these claims beyond mere hypothesis that counsel's conduct was unreasonable. The common pleas court erred in denying two of petitioner's postconviction claims under the doctrine of res judicata when the resolution of these postconviction claims challenging trial counsel's constitutional ineffectiveness by refusing to allow petitioner to testify in his own defense and in advising defendant to reject the state's plea was dependent upon evidence outside the record detailing private conversations between petitioner and trial counsel.