2011 Ohio 1735
Ohio Ct. App.2011Background
- Cordell pled guilty to one count of involuntary manslaughter on July 13, 2009.
- Cordell was sentenced to five years in prison.
- While direct appeal was pending, Cordell filed a pro se application for post-conviction DNA testing under RC 2953.71–2953.81.
- The State moved to dismiss arguing Cordell was ineligible under RC 2953.72(C)(2) because of the guilty plea.
- The trial court dismissed the application without detailed reasoning, finding Cordell not an eligible inmate.
- Cordell appeals the dismissal, arguing the court should have analyzed eligibility under RC 2953.82 rather than RC 2953.72(C)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper statute for eligibility when guilty plea occurred | Cordell argues RC 2953.82 controls eligibility | State argues RC 2953.72(C)(2) governs eligibility | Court should apply RC 2953.82; ineligible under 2953.72(C)(2) improper |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (pro se briefs; standards for Anders review)
- State v. Sterling, 113 Ohio St.3d 255 (Ohio 2007) (separation of powers; D (D) unconstitutional and severable)