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· 11/27/2019

State v. McGlothin

Citations

  • 2019 Ohio 4858

Syllabus

POSTCONVICTION – JURISDICTION – INEFFECTIVE COUNSEL :The common pleas court properly declined to entertain the ineffective-counsel claim presented in the petition under R.C. 2953.21 et seq. for postconviction relief, because the petition was subject to dismissal for lack of jurisdiction: the postconviction statutes did not confer jurisdiction to entertain the petition, when it was successive and late, R.C. 2953.21(A)(2), and did not satisfy the R.C. 2953.23 jurisdictional requirements for entertaining a late and successive postconviction petition and the court could not have entertained the postconviction ineffective-counsel claim under its jurisdiction to correct a void judgment, when that claim, even if demonstrated, would not have rendered the petitioner's convictions void.

Judges: Crouse

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.