State v. Murphy

Citations

• 2021 Ohio 3925

Syllabus

Postconviction relief successive petition for postconviction relief motion for leave motion for new trial res judicata actual innocence Brady violation recantation unavoidably prevented. - The trial court did not abuse its discretion in dismissing defendant's petition for postconviction relief raising actual innocence, a Brady violation, and ineffective assistance of counsel, because the petition, the supporting evidence, and the record did not demonstrate sufficient operative facts to establish substantive grounds for relief, or in the alternative, res judicata barred his requested grounds for relief. The trial court did not abuse its discretion in denying defendant's successive petition for postconviction relief and motion for leave to file a motion for new trial because the defendant failed to show that he was unavoidably prevented from discovering the grounds or new evidence supporting his requests. The victim's alleged recantation during pretrial interviews was known to the defendant when he filed his timely petition for postconviction relief.