State v. Andrews, 2011 Ohio 6106

Andrews was indicted in 2005 on two counts of aggravated robbery with firearm specs for December 1, 2004 robberies.
Convicted by jury on all counts in 2005; sentenced to 10 years on each count and 3 years on each firearm spec, consecutive for 26 years total.
Direct appeal affirmed; subsequent resentencing in 2010 corrected postrelease-control information but left sentence intact.
Andrews filed a postconviction petition in May 2011 challenging trial fairness and sufficiency of evidence, seeking an evidentiary hearing.
Trial court denied the petition as untimely and lacking grounds for untimely-petition relief; no evidentiary hearing granted.
Andrews appeals, arguing timeliness, need for an evidentiary hearing, and excessive sentence comparisons.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether postconviction petition was timely	Andrews: filing should start from new sentencing date.	State: timeliness governed by original transcript filing date; petition untimely.	Petition untimely; filing date January 24, 2006; time barred.
Whether an evidentiary hearing was warranted on an untimely petition	Andrews: entitlement to evidentiary hearing on innocence/new evidence.	State: no hearing required where petition untimely and no new grounds shown.	No evidentiary hearing required; jurisdiction lacked due to untimeliness.
Whether the untimeliness requirements were properly applied	Andrews: exceptions to time limits apply due to newly discovered facts or retroactive rights.	State: neither exception satisfied; no new facts or retroactive right shown.	R.C. 2953.23(A)(1) not met; trial court lacked jurisdiction to consider untimely petition.
Whether res judicata bars Andrews’ postconviction challenge to sentencing	Andrews: sentence disparity warrants review despite res judicata.	State: res judicata bars these claims; issues could have been raised earlier.	Claims barred by res judicata; fourth assignment overruled.

State v. Fischer, 128 Ohio St.3d 92 (2010) (limits postrelease-control review after new sentencing; only offending portion reviewable)
State v. Foster, 10th Dist. No. 09AP–227 (2009) (jurisdictional issues and evidentiary hearing standards for untimely petitions)
State v. Keith, 176 Ohio App.3d 260 (2008-Ohio-741) (postconviction review is not constitutional right; statutory framework applies)
State v. Yarbrough, 2001-Ohio-2351 (2001) (outline of petition grounds and evidentiary requirements in postconviction relief)
State v. Everette, 2011-Ohio-2856 (2011) (timeliness framework for postconviction petitions after direct appeal)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (awards discretion to grant an evidentiary hearing; not automatically granted)
State v. Reynolds, 1997-Ohio-304 (1997) (postconviction hearing scope and purpose; not a full retrial)
State v. Hall, 2011-Ohio-659 (2011) (res judicata considerations in sentencing-related postconviction claims)
State v. Andrews, 3d Dist. No. 1-05-70, 2006-Ohio-3764 (2006) (direct appeal affirmance of Andrews' conviction)
State v. Andrews, 3d Dist. No. 1-10-78, 2011-Ohio-2462 (2011) (res judicata affirmed; postconviction issues unavailable for review)