State v. Greathouse, 2011 Ohio 4012

Terrance Greathouse was convicted of kidnapping, rape, two counts of aggravated robbery, intimidation of a crime victim, and firearm specifications.
He received a total 50-year prison term on initial sentencing after conviction.
On direct appeal (Greathouse 1), this court affirmed the convictions but reversed the sentence and remanded for resentencing.
On remand, the trial court again imposed a 50-year total prison term.
Greathouse filed multiple postconviction petitions (fourth labeled Civ.R. 60(B)(5)) challenging competency-related issues.
The trial court dismissed the fourth petition as untimely, lacking jurisdiction, and barred by res judicata; the court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness and jurisdiction of postconviction petition	Greathouse asserted timely filing via exceptions	State contends untimely, successive petition; no exceptions apply	Petition untimely; court lacked jurisdiction
Merits of competency claims	Greathouse claimed ineffective assistance re competency investigations	State argues competency claims were within personal knowledge and previously raised	Claims barred by timeliness and res judicata; no jurisdiction to hear merits
Effect of prior direct appeal on current claims	Greathouse argues new competency issues not previously raised	Beuke/Beaver principles apply; issues were raised or knowable earlier	Res judicata barred the competency-related claims
Impact of R.C. 2953.23 time limits	Petition could be timely under statutory exceptions	No exception satisfied; procedural bar applies	Petition untimely under R.C. 2953.23; no jurisdiction to entertain
Appellate counsel/competency proceedings as to rights	Greathouse asserts denial of counsel due to competency	No remedy due to lack of jurisdiction	Assignments of error moot; court affirmed for lack of jurisdiction

State v. Gondor, 112 Ohio St.3d 377 (2006-Ohio-6679) (abuse of discretion standard for postconviction relief; competent evidence standard)
State v. Adams, 1980 (62 Ohio St.2d 151) (abuse of discretion reflects unreasonable, arbitrary, or unconscionable actions)
State v. Beuke, 130 Ohio App.3d 633 (1998-Ohio-) (timeliness and jurisdiction in postconviction petitions)
State v. Beaver, 131 Ohio App.3d 458 (1998-Ohio-) (timeliness and jurisdiction; untimely petitions barred)