State v. Bullitt
2016 Ohio 4868
Ohio Ct. App.2016Background
- In December 2013 a jury convicted Deaunte Bullitt of drug trafficking, drug possession, possessing criminal tools, and tampering with evidence; he received an 11‑year sentence.
- This court affirmed on direct appeal in 2014 (challenge to jury instructions only).
- After direct appeal, Bullitt filed three pro se motions in the trial court: (1) a motion to set aside his conviction/sentence (postconviction relief alleging ineffective assistance, Eighth Amendment, and perjury), (2) a motion to compel release of public records (police radio recording), and (3) a motion to compel/preserve evidence for fingerprinting/DNA testing.
- The trial court denied all three motions in a single order. Bullitt appealed the denial and raised five assignments of error (some arguments raised for the first time on appeal).
- The Court of Appeals affirmed, concluding each motion was properly denied on procedural/statutory grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of postconviction petition under R.C. 2953.21 | Bullitt: his postconviction petition should be considered (claims of ineffective assistance, perjury, cruel and unusual punishment) | State: petition filed after 365‑day deadline; no exception applies | Petition was untimely (trial transcript filed Feb. 10, 2014; petition filed May 7, 2015); court lacked jurisdiction to entertain it |
| Use of R.C. 149.43 to obtain records after direct appeal | Bullitt: radio recording is exculpatory and necessary to support his relief | State: R.C. 149.43 cannot be used by a defendant who has exhausted direct appeals to obtain material for postconviction relief | Motion denied; defendant may not use public‑records statute to gather evidence to support postconviction claims (per Sawyer) |
| Request to preserve/compel testing of biological evidence under R.C. 2933.82 | Bullitt: evidence should be preserved and tested for fingerprints/DNA to show innocence | State: statute applies only to specified violent felonies (homicide, rape/sexual assault), not Bullitt’s drug offenses | Motion denied; R.C. 2933.82 inapplicable because defendant was not convicted of covered offenses |
Key Cases Cited
- State ex rel. Sawyer v. Cuyahoga Cty. Dept. of Children & Family Servs., 110 Ohio St.3d 343 (2006) (defendants who have exhausted direct appeals may not use Ohio's public‑records statute to obtain materials in support of postconviction relief)