State v. Hendrix

Citations

• 2018 Ohio 3754

Syllabus

POSTCONVICTION—APPELLATE REVIEW/CRIMINAL: Petitioner's postconviction ineffective-counsel claim was not barred under the doctrine of res judicata, because it depended for its resolution upon evidence outside the trial record. The court of appeals must presume the regularity of, and thus affirm, the common pleas court's judgment dismissing petitioner's postconviction petition without a hearing, when in the absence of the defense exhibits, the record on appeal did not include a complete transcript of the proceedings necessary to the resolution of the challenge advanced on appeal.