State v. Sow

Citations

• 2019 Ohio 4028

Syllabus

POSTCONVICTION–COUNSEL: The postconviction petition was not subject to dismissal under R.C. 2953.23 as untimely or successive: the common pleas court had jurisdiction to decide the timely filed petition on the merits, regardless of the pendency of the direct appeal the court did not lose that jurisdiction when it erroneously denied the petition for lack of jurisdiction and an appeal was proper from the subsequent entry of a final appealable order, with findings of fact and conclusions of law, denying the \refiled\ petition on the merits. The common pleas court properly denied without an evidentiary hearing petitioner's postconviction claim that his no-contest pleas to vehicular assault and aggravated vehicular assault had been the unknowing and unintelligent product of his trial counsel's ineffectiveness in failing to secure the exclusion of blood-alcohol test results by exposing allegedly false statements contained in the search-warrant affidavit: the claim was not barred under the doctrine of res judicata, because it depended for its resolution upon evidence outside the record but petitioner failed to demonstrate substantive grounds for relief, when neither conviction depended solely on the blood-alcohol test results, and the record disclosed legally sufficient evidence of other indicia of alcohol consumption and impaired and reckless driving.