State v. Brewer
2012 Ohio 5406
Ohio Ct. App.2012Background
- Brewer pled no contest in 2003 to attempted kidnapping and received community-control sanctions.
- In 2007 Brewer was convicted by bench trial of aggravated burglary, abduction, and having weapons under a disability, and of violating community control from 2003.
- Brewer did not appeal his 2003 conviction; his 2007 convictions were appealed and affirmed on direct appeal in 2008.
- Between June and July 2011, Brewer mailed seven uncaptioned, noncompliant postconviction documents to the common pleas court.
- The court treated them as a postconviction petition under R.C. 2953.21 et seq. and denied relief on jurisdictional and res judicata grounds.
- The court of appeals affirmed the denial, concluding Brewer’s petition was procedurally deficient and the court lacked jurisdiction to entertain merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction petition was timely and within jurisdiction. | Brewer | Brewer | No jurisdiction; untimely under R.C. 2953.21(A)(2) |
| Whether postconviction relief was available for claims raised in untimely petitions. | Brewer | Brewer | Not available; R.C. 2953.23 conditions not met |
| Whether the postconviction claims would render Brewer's convictions void if reviewed. | Brewer | Brewer | Claims would not void the convictions; procedures already exhausted on direct appeal |
Key Cases Cited
- State v. Schlee, 117 Ohio St.3d 153 (2008) (postconviction review exclusive remedy)
- State ex rel. Cruzado v. Zaleski, 2006-Ohio-5795 (Ohio Supreme Court) (void judgment; trial court authority to correct)
- State v. Goldwire, 2005-Ohio-5784 (2d Dist. Montgomery) (waiver of postconviction speedy-trial and ineffective-counsel claims)
- State v. Lowery, 2011-Ohio-2827 (2d Dist. Montgomery) (indictment defects not remedied in late postconviction petitions)