State v. Johnson

Citations

• 2022 Ohio 78

Syllabus

Postconviction relief R.C. 2953.21 R.C. 2953.23 untimely exception unavoidably prevented from discovering witness testimony de novo. The trial court did not err by denying appellant's petition for postconviction relief because it was untimely pursuant to R.C. 2953.21. Additionally, appellant did not qualify for an exception to the timeliness requirement pursuant to R.C. 2953.23 because he did not demonstrate that he was unavoidably prevented from discovering the facts upon which he relies, nor did he establish by clear and convincing evidence that no reasonable factfinder would have found him guilty but for the alleged constitutional error. Accordingly, the trial court was without jurisdiction to entertain appellant's petition.