State v. Harrison
2018 Ohio 1396
Ohio Ct. App.2018Background
- Lorenzo Harrison was convicted in 2008 of three counts of rape and three counts of kidnapping and sentenced to life without parole; direct appeals and subsequent remands were unsuccessful.
- Between July 2015 and June 2016 Harrison filed a petition for postconviction relief and motions for expert assistance, appointment of counsel, and discovery.
- His postconviction petition alleged (1) Brady violations: suppression/late disclosure of medical records and withheld Michigan social-worker records; and (2) ineffective assistance/denial of counsel (forced to proceed with an unwanted public defender) and other trial-counsel failures (witness interviews, 911 transcripts, discovery, sentencing advice).
- The petition was filed more than 180 days after the time for filing an appeal had expired, making it facially untimely under R.C. 2953.21(A)(2).
- The court found Harrison failed to show he was "unavoidably prevented" from timely filing (no new facts discovered), many claims were previously litigated (res judicata), and he did not show material suppressed evidence as required under Brady.
- The trial court denied his requests for appointed counsel, expert assistance, discovery, and an evidentiary hearing; the appellate court affirmed those denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of postconviction petition | Harrison: statutory exceptions apply because he was unavoidably prevented from discovering withheld evidence | State: petition filed beyond 180-day limit and no showing of unavoidable prevention | Petition is untimely; Harrison failed to show unavoidable prevention, so statutory exception not satisfied |
| Brady / suppression of medical and social-worker records | Harrison: police/prosecutor withheld exculpatory medical records and Michigan social-worker records | State: medical records were provided to defense at trial; Michigan records were not received by state and contents unknown | No Brady violation shown: medical records were available at trial; social-worker records’ contents unknown and not shown to be material |
| Denial/ineffective assistance of counsel | Harrison: forced to proceed with unwanted public defender; counsel failed to investigate/preserve speedy-trial rights and other failures | State: claims were raised and decided on direct appeal/remand; trial court adequately inquired; counsel’s conduct was reasonable given circumstances | Claims are res judicata or previously adjudicated; appellate court affirms that trial court properly addressed counsel-substitution and counsel performance was not shown to be constitutionally deficient |
| Requests for counsel, experts, discovery, and evidentiary hearing in postconviction proceedings | Harrison: needed counsel, experts, discovery, and a hearing to develop claims | State: no statutory or constitutional right to appointed counsel, expert assistance, or civil discovery in postconviction proceedings; hearing not required where record shows no entitlement | Denial of counsel, experts, and discovery affirmed; no evidentiary hearing required because petition, files, and records failed to show entitlement to relief |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor's suppression of material exculpatory evidence violates due process)
- State v. Perry, 10 Ohio St.2d 175 (1967) (final conviction bars raising claims that were or could have been raised on direct appeal)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (trial court may dismiss a postconviction petition without a hearing when petition and records do not set forth sufficient operative facts)
- United States v. López-Díaz, 794 F.3d 106 (1st Cir. 2015) (defendant cannot establish Brady violation without a plausible basis that suppressed materials are materially exculpatory)