State v. Thompson

Citations

• 2024 Ohio 3206

Syllabus

CRIMINAL – Trial court does not abuse its discretion when discrediting affidavit filed in support of a postconviction petition where trial court tried the criminal case, the affiant is an immediate family member, and the averments in the affidavit directly contradict photographic evidence in the record. Appellant did not establish substantive grounds for relief based on ineffective assistance where he failed to establish defense counsel's investigation of evidence, and could not demonstrate prejudice due to other evidence in the record at odds with his testimony at trial. Appellant did not establish substantive grounds for relief based on ineffective assistance where he failed to establish defense counsel's investigation of his mental health records, which were not offered at trial. A postconviction petitioner has no right to discovery and Appellant failed to argue any extraordinary circumstance establishing that injustice resulted from the trial court's denial of his motion for discovery.