State v. Kirks

Citations

• 2025 Ohio 5145

Syllabus

Petition for postconviction relief; R.C. 2953.21(A)(2); untimely petition; lack of jurisdiction; R.C. 2953.23(A)(1)(a); unavoidably prevented from discovering the facts. Appellant's petitions for postconviction relief were properly denied by the trial court. The petitions were facially untimely and appellant failed to present any evidence that he was unavoidably prevented from discovering the facts alleged in his petitions as required pursuant to R.C. 2953.23(A)(1)(a). As such, the trial court did not have jurisdiction to hear the petitions as a matter of law and they were properly denied without a hearing.