State v. Coleman, 2023 Ohio 4354

In 2014 Coleman was indicted for murder with firearm and repeat-violent-offender specifications and having weapons while under disability; exposure exceeded 31 years to life.
Coleman pleaded guilty to a reduced charge of involuntary manslaughter with a firearm specification and was sentenced on August 13, 2014 to 14 years (11 + 3 consecutive). He did not file a direct appeal.
On June 6, 2022 Coleman filed a pro se petition for postconviction relief (PPCR), asserting the indictment was unsigned by the grand-jury foreperson, he was denied a preliminary hearing, and trial counsel was ineffective for failing to challenge the indictment and withhold documents.
The state moved to dismiss; the trial court denied the untimely PPCR without an evidentiary hearing, finding the claim untimely, barred by res judicata, and substantively deficient (signature defect goes to sufficiency and was waived by plea).
The court also found Coleman was not unavoidably prevented from discovering the unsigned indictment, and that any counsel challenge would not have prevented re-presentation to the grand jury.
Coleman appealed; the appellate court affirmed the trial court's denial in all respects.

Issue	Plaintiff's Argument (Coleman)	Defendant's Argument (State/Trial Court)	Held
1. Preliminary hearing / jurisdiction	No preliminary hearing (Crim.R.5) deprived court of jurisdiction and violated constitutional rights	No constitutional right to a preliminary hearing once indicted; issue not preserved	Overruled — indictment obviates preliminary hearing; claim not properly raised below
2. Unsigned grand jury foreperson signature	Indictment unsigned; therefore invalid and deprives court of jurisdiction (Crim.R.6; R.C.2939.20)	Signature defect affects sufficiency only, not jurisdiction; such defects are waivable and for direct appeal	Overruled — signature omission does not deprive jurisdiction and is a sufficiency defect waived by guilty plea
3. Ineffective assistance of counsel	Counsel failed to provide indictment, failed to challenge unsigned indictment, and withheld documents	Claim not raised below; failure to challenge was nonprejudicial and barred by res judicata; state could re-present to grand jury	Overruled — ineffective-assistance claim fails and is barred by res judicata
4. Denial of evidentiary hearing on PPCR	Coleman was unavoidably prevented from discovering the unsigned indictment until 2022 and thus entitled to a hearing	Petition is untimely; Coleman did not show unavoidable prevention or a new retroactive right; record shows defect was discoverable earlier	Overruled — summary denial proper: untimely petition and threshold statutory requirements not met

VanBuskirk v. Wingard, 80 Ohio St.3d 659 (Ohio 1998) (foreperson's failure to sign an indictment does not deprive the trial court of jurisdiction)
Kroger v. Engle, 53 Ohio St.2d 165 (Ohio 1978) (signature omission relates to indictment sufficiency)
State v. Barton, 108 Ohio St.3d 402 (Ohio 2006) (guilty plea waives defects in the indictment)
State v. Bird, 81 Ohio St.3d 582 (Ohio 1998) (standard for ineffective-assistance claims in guilty-plea context)
State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (res judicata bars issues that were or could have been raised at trial or on appeal)
State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (standards for summary denial of postconviction relief without an evidentiary hearing)
State v. Morris, 42 Ohio St.2d 307 (Ohio 1975) (preliminary hearing unnecessary after indictment)
State v. Halliwell, 134 Ohio App.3d 730 (Ohio App. 1999) (conviction entered pursuant to a guilty plea, not by trial)