State v. Jones

Citations

• 2018 Ohio 306

Syllabus

Trial court did not abuse its discretion by denying petition for postconviction relief under the doctrine of res judicata and the prohibition on successive petitions for postconviction relief in R.C. 2953.23. Appellant claimed that his conviction on charges of murder and felony murder of the same victim violated the merger statute and constitutional protections against double jeopardy, but this claim could have been asserted at trial or on direct appeal and, therefore, was barred by res judicata. Additionally, appellant had previously filed a petition for postconviction relief and failed to establish that any of the exceptions to the limitation on successive petitions for postconviction relief applied. Appellant's convictions for murder and felony murder were merged for purposes of sentencing therefore, the trial court did not violate the merger statute or the constitutional protections against double jeopardy.