State v. Johnson

Citations

• 232 N.E.3d 786
• 2024 Ohio 134
• 173 Ohio St. 3d 592

Syllabus

Criminal law—Postconviction relief—R.C. 2953.21 and 2953.23—Recantation evidence—Trial court could have no jurisdiction to entertain untimely, successive petition for postconviction relief unless petitioner established (1) that he was unavoidably prevented from timely discovering that victim had doubts about victim's trial testimony and (2) that he would not have been convicted but for constitutional error at trial—R.C. 2953.23 requires a petitioner to submit evidence of specific facts beyond supporting affidavit's date to explain why petitioner was unable to timely obtain an affidavit from recanting witness—A conviction based on false testimony is not a constitutional violation unless the state had knowledge of testimony's falsity—Court of appeals' judgment affirmed.