State v. Lindsey

Citations

• 2023 Ohio 1846

Syllabus

The trial court did not assess whether it had jurisdiction to entertain the untimely, successive petition for PCR. In Hatton, the supreme court ruled that the trial court and the court of appeals erred by applying res judicata without first determining whether the petitioner satisfied the jurisdictional requirements of R.C. 2953.23(A). Therefore, this case is remanded for the trial court to address the threshold question and determine whether the petitioner has \satisfied the jurisdictional requirements for an untimely and successive petition for postconviction relief under R.C. 2953.23(A)(1).\