State v. Spann

Citations

• 2024 Ohio 2069

Syllabus

Pro se litigants Civ.R. 60(B) motion for relief from judgment petition for postconviction relief. Defendant was convicted of aggravated murder in 2009. In 2022, he filed a Civ.R. 60(B) motion for relief from judgment concerning his felony conviction. We treated this motion as a petition for postconviction relief. The defendant argued that he recently acquired his medical records from the time he was awaiting trial for the aggravated murder, and these records indicate that he was improperly medicated therefore, his plea was not knowing, voluntary, and intelligent. Defendant failed to demonstrate that he was unavoidably prevented from discovering his own medical records, and his petition for postconviction relief was untimely and properly denied.