State v. Smith

Citations

• 2019 Ohio 5350

Syllabus

POSTCONVICTION — COUNSEL — RES JUDICATA – NEW TRIAL: The common pleas court properly denied under the doctrine of res judicata petitioner's postconviction claims challenging trial counsel's effectiveness in failing to question the chain of custody regarding certain evidence and subjecting him to \hybrid representation\ and the trial court did not violate due process by failing to rule on defendant's motion to amend his petition prior to denying the initial petition. The common pleas court properly denied defendant's motion for leave to file a motion for a new trial and the motion for a new trial where the motions were filed outside the 14-day period and devoid of any evidence that defendant was unavoidably prevented from filing within the requisite time.