State v. Kiinley

Citations

• 2018 Ohio 2423

Syllabus

The trial court did not err in denying petitioner's successive petition for postconviction relief without a hearing. Because petitioner failed to satisfy the jurisdictional requirements of R.C. 2953.23(A) for a second or successive petition, he was not entitled to discovery as now provided in R.C. 2953.21(A)(1)(d) and Crim.R. 42(C). Moreover, petitioner's central arguments, based on recanted trial testimony, had been raised in the prior petition, albeit with a different type of evidence, and do not demonstrate that he was unavoidably prevented from presenting them in his first postconviction petition. Judgment affirmed. (Brogan, J., concurring.)