State v. Kaufhold

Citations

• 2021 Ohio 4539

Syllabus

The trial court did not abuse its discretion in denying appellant's petition for postconviction relief where the record reflects that appellant could have, or did, raise the argument in his direct appeal. Furthermore, appellant fails to identify any operative facts establishing substantive grounds for postconviction relief. In addition, the trial court did not err by denying appellant's petition without granting an extension of time where the record reflects that appellant's request is more accurately framed as a request for permission to file an untimely petition for postconviction relief. The time requirement set forth in 2953.21(A)(2) is statutory and jurisdictional. Appellant has not satisfied the statutory conditions to entertain an untimely petition and his unspecific reference to \difficulties posed by the COVID-19 emergency\ is unavailing.