State v. Perry

Citations

• 2023 Ohio 3883

Syllabus

Petition for postconviction relief R.C. 2953.21(A) aggravated murder guilty plea waiver res judicata law of the case ineffective assistance of counsel coercion failure to investigate findings of fact conclusions of law. The trial court acted within its discretion when it denied the defendant's petition for postconviction relief without holding a hearing. The defendant waived many of his arguments by pleading guilty. Several other arguments were barred by res judicata or the law-of-the-case doctrine because they had been or could have been raised and adjudicated in prior appeals. The defendant's remaining arguments, related to alleged ineffective assistance of counsel during plea negotiations, were not supported by sufficient operative facts establishing a substantive ground for relief. The defendant submitted unsworn statements, not affidavits, in support of his petition. Even considering those statements as evidence, we concluded that counsel's advice was offered in the reasonable exercise of professional judgment. The defendant's argument that his counsel failed to investigate an alibi defense was meritless where he admitted there was no merit to the defense. The trial court had jurisdiction to enter findings of fact and conclusions of law to explain its earlier denial of the defendant's petition. Judgment affirmed.