In re D.J.
2019 Ohio 2988
Ohio Ct. App.2019Background
- In 2012, D.J., then 15, was adjudicated delinquent for rape and murder of his 3‑year‑old sister; juvenile court committed him to ODYS and imposed a stayed adult life sentence on the rape count to be invoked if certain conditions were unmet.
- Over periodic reviews, the juvenile court found mixed progress; the State moved in October 2016 to invoke the adult sentence for failure to engage in sex‑offender treatment and sought an expedited hearing because D.J. was near age 21.
- The juvenile court granted the State’s motion on November 22, 2016, and the adult portion of the sentence was imposed November 23, 2016; D.J. appealed that order and the transcript was filed in this Court on January 27, 2017.
- While the direct appeal was pending, D.J. filed a petition for postconviction relief on January 31, 2018, raising five claims; the juvenile court initially indicated it would hold evidentiary hearings on several claims but later dismissed the petition without a hearing as barred by res judicata.
- This Court affirmed the juvenile court’s invoking order on February 13, 2018; D.J.’s appeal from the dismissal of his postconviction petition followed; the Ninth District determined the juvenile court lacked jurisdiction to entertain the petition because it was untimely under R.C. 2953.21(A)(2).
Issues
| Issue | D.J.'s Argument | State's Argument | Held |
|---|---|---|---|
| Whether the juvenile court erred in dismissing claims as barred by res judicata | Claims rely on evidence outside the trial record (so they could not have been raised on direct appeal) and thus are not barred | Claims either could have been raised on direct appeal or are otherwise barred; petition was untimely | Court did not reach merits: petition was untimely and thus jurisdictionally barred |
| Whether the postconviction petition was timely under R.C. 2953.21(A)(2) or qualified for statutory exceptions | Petition filed within a reasonable time; evidence/supporting facts warranted review (argued exceptions apply) | Transcript filed Jan 27, 2017 triggered 365‑day deadline (Jan 29, 2018); D.J. filed Jan 31, 2018 and failed to meet R.C. 2953.23 exceptions | Petition was filed after the statutory deadline and D.J. did not satisfy R.C. 2953.23; court lacked jurisdiction to hear untimely petition |
Key Cases Cited
- Everette v. State, 129 Ohio St.3d 317 (2011) (time limit for postconviction petitions triggered by filing of certified transcript in direct appeal)