State v. Group, 2011 Ohio 6422

Scott A. Group appeals a Mahoning County Common Pleas Court post-conviction relief order in a capital case, challenging 13 grounds for relief and denial of discovery and an evidentiary hearing.
The Ohio Supreme Court affirmed Group's death sentence on direct appeal; post-conviction petition followed years of procedural delays and counsel changes.
The trial court granted summary judgment for the State and dismissed the petition without a hearing, later treating the amended petition as original for purposes of R.C. 2953.21.
Group asserted ineffective assistance of trial counsel across 13 grounds, plus requests for discovery and an expert.
The appellate court held discovery is not a right in post-conviction, denied hearings on the grounds, and found most claims barred by res judicata or lacking cogent evidence dehors the record.
The judgment denying post-conviction relief is affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying discovery and an evidentiary hearing	Group	State	Yes, discovery denied or not warranted
Whether post-conviction claims were barred by res judicata or lacked cogent evidence dehors the record	Group	State	Claims mostly barred; no hearing warranted
Whether the petition could be reviewed in post-conviction despite delays and counsel issues	Group	State	Petition properly dismissed; no right to discovery or hearing

State v. West, Ohio App.3d 3347 (7th Dist. 2009) (no right to discovery in post-conviction relief)
State v. Calhoun, Ohio St.3d 279 (Ohio 1999) (standard for post-conviction relief; prejudice required)
State v. Jackson, Ohio St.2d 107 (Ohio 1980) (burden on petitioner; evidentiary showing required)
State v. Combs, Ohio App.3d 90 (1994) (evidence dehors the record; credibility considerations)
State v. Cole, Ohio St.3d 112 (Ohio 1982) (pre-hearing dismissal when no substantive grounds)
State v. Brady, Not listed in text (Not listed) (Not applicable)