State v. Simon

Citations

• 2024 Ohio 925

Syllabus

Ohio state highway patrol trooper conducted a lawful traffic stop based on probable cause and the fact that the trooper did not cite Appellant for an underlying traffic violation is not new and material evidence under Brady v. Maryland, 3737 U.S. 87, 83 S. Ct. 1194 (1963), which would exculpate Appellant or impeach the trooper further, even if Appellant was able to support allegation of Brady violation, nothing suggested that Appellant was prejudiced as required by the third prong of Brady test because Appellant's petition was untimely, the trial court was without jurisdiction to consider it and constitutional claim of Brady violation should have been dismissed additionally, had the petition been timely, Appellant's claim would also be barred by doctrine of res judicata where Appellant would have known or should have known prior to filing his direct appeal that trooper did not charge him with underlying traffic violation any argument that State v. Turner, 163 Ohio St. 3d 421, 2020-Ohio-6773, 170 N.E.3d 842, was relevant or applicable to Appellant's sentencing is misplaced because of factual differences, should have been brought in his direct appeal, and is now barred by res judicata.