State v. Ojile

Citations

• 2017 Ohio 9319

Syllabus

POSTCONVICTION - COUNSEL - CONSTITUTIONAL LAW/CRIMINAL - PROSECUTORIAL MISCONDUCT: The common pleas court erred in dismissing without a hearing the ineffective-counsel claim presented in petitioner's late and successive postconviction petition: the court had jurisdiction to entertain the claim when it was supported with evidence showing that petitioner had been unavoidably prevented from discovering the facts upon which the claim depended within the time prescribed for filing a postconviction petition and petitioner sustained his initial burden of submitting evidentiary material setting forth sufficient operative facts to demonstrate an outcome-determinative deficiency in his trial counsel's preparation and presentation of his alibi. The common pleas court properly dismissed for lack of jurisdiction the Brady and right-to-counsel claims presented in petitioner's late and successive postconviction petition, when petitioner failed to show by clear and convincing evidence that, but for those alleged constitutional violations, no reasonable factfinder would have found him guilty.