State v. Oteng

Citations

• 2018 Ohio 3138

Syllabus

Where a defendant has been convicted of murder based on the testimony of a single eyewitness that is in conflict with physical and forensic evidence and the testimony of other witnesses, the trial court abused its discretion in denying the defendant leave to amend his postconviction petition with the affidavit of another direct eyewitness to the shooting who averred that the defendant was not the murderer. Arguments about ineffective assistance of counsel based on facts outside the original trial court record about counsel's simultaneous personal criminal proceedings prosecuted by the same party as the one prosecuting the defendant could not have been raised on direct appeal and were thus not foreclosed by res judicata in considering the defendant's postconviction petition.