2013 Ohio 5015
Ohio Ct. App.2013Background
- Davis sought to reopen this court’s judgment in State v. Davis, 8th Dist. Cuyahoga Nos. 97689, 97691 and 97692, 2012-Ohio-3951.
- Underlying convictions were for burglary, theft, and breaking and entering with sentences affirmed by this court.
- Application for reopening filed October 24, 2013, about 14 months after journalization of the decision.
- Davis claimed good cause based on health treatment and seizures from a head injury, but did not provide medical records.
- The court held the 90-day deadline is strict and untimely filings require good cause; no adequate good cause was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the reopening application was timely. | Davis claimed health issues constituted good cause for delay. | Untimely by 14 months; no substantial good cause shown. | Untimely; no good cause shown. |
| Whether Davis demonstrated good cause to excuse the late filing. | Medical treatment and seizures explained delay. | Self-serving medical claim without authenticated records does not show good cause. | No good cause; reiterates strict deadline enforcement. |
Key Cases Cited
- State v. Gilbert, 8th Dist. Cuyahoga No. 90856 (2009-Ohio-607) (medical-incapacity claim insufficient without records)
- State v. LaMar, 102 Ohio St.3d 467 (2004-Ohio-3976) (90-day filing deadline strictly enforced)
- State v. Gumm, 103 Ohio St.3d 162 (2004-Ohio-4755) (strict enforcement of reopening deadlines)