State v. Burton
2014 Ohio 2549
Ohio Ct. App.2014Background
- Burton was convicted by jury in 2004 on multiple counts involving minor victims (counts 1-11 for John Doe #1; later convictions and pleas related to John Doe #2).
- He challenged some trial issues on direct appeal (2007 affirmance of John Doe #1 convictions).
- He pursued several postconviction and plea-withdrawal motions between 2005–2009, many denied and appeals dismissed.
- In 2013 Burton, through counsel, filed a R.C. 2953.21 petition alleging ineffective assistance of counsel during plea negotiations for John Doe #1.
- The trial court denied for untimeliness, lack of jurisdiction, and res judicata; Burton timely appealed the denial.
- The intermediate appellate court reverses the trial court, vacates its judgment, and dismisses the petition for lack of jurisdiction, holding the petition untimely and barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and jurisdiction of the postconviction petition | Burton argues exceptions permit timely review under 2953.23 | State argues petition untimely under 2953.21(A)(2) with no applicable exception | Petition untimely; court lacks jurisdiction |
| Retroactive application of Frye and Lafler to create a new right | Frye and Lafler provide broader, retroactive effective-assistance rights | No retroactive right created; existing standards apply | Not retroactive and not applicable to untimely petition |
| Res judicata barring the postconviction claim | Claim could have been raised on direct appeal or in earlier postconviction motion | Res judicata bars new postconviction claims not raised previously | Res judicata applies; petition barred |
Key Cases Cited
- State v. Reynolds, 79 Ohio St.3d 158 (1997) (postconviction relief is collateral attack on judgment)
- State v. Knauff, 2014-Ohio-308 (4th Dist.) (abuse-of-discretion review for postconviction rulings)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (limitations on postconviction relief and res judicata principles)
- State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata bars claims not raised on direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (1967) (syllabus on res judicata and collateral attacks)
- State v. Pemberton, 2014-Ohio-1204 (4th Dist.) (untimely postconviction petitions—exception analysis)