State v. Struckman

Citations

• 2021 Ohio 1043

Syllabus

NEW TRIAL—JURISDICTION—PROCEDURE/RULES - POSTCONVICTION—RES JUDICATA—COUNSEL: The appeal from the judgment overruling the motion for a new trial is dismissed for lack of jurisdiction, because the notice of appeal was not filed within App.R. (4)(A)(1)'s 30-day period, App.R. 4(B)(3) did not toll that time, and leave was not sought under App.R. 5 to file a delayed appeal. The common pleas court properly applied the doctrine of res judicata to deny the postconviction petition without an evidentiary hearing: the challenges to trial counsel's effectiveness in assisting defendant in representing himself at trial were not supported by evidence outside the trial record the outside evidence offered to show that trial counsel had been ineffective in presenting the motion to suppress was not cogent in the sense that it could not fairly be said to advance beyond mere hypothesis the claim of an outcome-determinative deficiency in trial counsel's performance and the outside evidence offered to show alleged judicial bias and misconduct, along with alleged deprivations of the rights to counsel and the effective assistance of counsel, concerning defendant's midtrial motion for appointed counsel was merely cumulative of the evidence of record.