State v. Richard

Citations

• 2025 Ohio 2943

Syllabus

Postconviction Relief; Res Judicata; Ineffective Assistance of Counsel. Res judicata can operate to bar claims in a petition for postconviction relief where the claims could have been raised on direct appeal. However, res judcata does not bar a petition for postconviction relief if the petition had the same attorney at trial and on direct appeal or if the petitioner must rely on evidence outside the trial record to establish his claim. Appellate courts review a decision to deny a petition for postconviction relief under an abuse of discretion standard.