State v. Maxwell

Citations

• 2020 Ohio 3027

Syllabus

Death penalty postconviction discovery findings of fact conclusions of law verbatim sufficient operative facts res judicata. - The trial court did not abuse its discretion by denying defendant's request for discovery during postconviction because defendant did not set forth sufficient operative facts justifying the need for additional discovery. The trial court did not violate defendant's right to due process by adopting verbatim the state's second proposed findings of fact and conclusion of law. Defendant had the chance to submit his own proposal he failed to take the opportunity to do so. The trial court did not abuse its discretion by denying defendant's petition for postconviction relief without an evidentiary hearing because the grounds for relief were either barred by res judicata or defendant failed to present sufficient operative facts to establish substantive grounds for relief.