State v. Kenney

Citations

• 2025 Ohio 4841

Syllabus

R.C. 2953.21; R.C. 2953.23; successive; untimely; petition for postconviction relief; res judicata; burden of proof; unavoidably prevented; newly discovered evidence; witness recantation; affidavits; Brady claim; suppression. Judgment affirmed. The defendant failed to withstand his burden of proving that he was unavoidably prevented from discovering the evidence upon which his untimely and successive petition for postconviction relief was based within the statutory deadline or that the State suppressed evidence. Thus, the trial court was deprived of jurisdiction to entertain his petition, did not err in denying the defendant's R.C. 2953.23 petition, and had no duty to hold a hearing or issue findings of fact and conclusions of law under R.C. 2953.21.