State v. White

Citations

• 2023 Ohio 4499

Syllabus

POSTCONVICTION — JURISDICTION — JUVENILE — SENTENCING: Where defendant's petition for postconviction relief was untimely and did not fit into the narrow exceptions allowing a common pleas court to grant an untimely petition, the common pleas court lacked jurisdiction to consider the petition and it should have been dismissed. Defendant's postconviction claim, which was based on a decision of the Ohio Supreme Court issued after his conviction was final, did not meet the narrow exception set forth in R.C. 2953.23(A) allowing a common pleas court to grant an untimely petition for postconviction relief based on a new state or federal right recognized by the United States Supreme Court. The new rule announced in State v. Patrick, 164 Ohio St.3d 309, 2020-Ohio-6803, 172 N.E.3d 952—that a sentencing court must expressly consider the youth of a juvenile offender as a mitigating factor before sentencing a juvenile offender convicted of aggravated murder to a life term, even if the term includes parole eligibility—is a procedural rule and may not be applied retroactively.