State v. Levy

Citations

• 2023 Ohio 818

Syllabus

Postconviction relief untimely successive res judicata right to counsel waiver of counsel Crim.R. 44 void voidable Ogle Harper Henderson jurisdiction plain error. - Defendant contended that his waiver of counsel was deficient and thus, he was deprived of his constitutional right to counsel. As such, the defendant maintained that under Ogle, this deprivation of counsel caused the trial court to lose jurisdiction over the case and thus, Harper and Henderson did not apply, and his conviction is void. This court found that the trial court did not err in denying defendant's emergency motion to vacate void judgment because even if res judicata did not bar his claim, and even if the defendant demonstrated that his constitutional right to counsel was violated, he has not established that this violation rose to the level of plain error requiring correction.