State v. Martin

Citations

• 2022 Ohio 2372

Syllabus

POSTCONVICTION – JURISDICTION – NEW TRIAL: The common pleas court properly denied defendant's R.C. 2953.21 et. seq. petition for postconviction relief without an evidentiary hearing because the court had no jurisdiction to entertain the claims: the petition was not timely filed, R.C. 2953.21(A)(2), and the petition did not satisfy the R.C. 2953.23 jurisdictional requirements for entertaining a late postconviction petition. The common pleas court properly denied defendant's Crim.R. 33(A) motion for a new trial without an evidentiary hearing because the court did not have jurisdiction to entertain the motion: the motion was not timely filed and leave under Crim.R. 33(B) to move for a new trial out of time was not sought. See State v. Howard, 1st Dist. Hamilton No. C-210285, 2022-Ohio-2159, ¶ 23.