State v. Isa
2013 Ohio 3382
Ohio Ct. App.2013Background
- Isa was convicted by jury of two counts of rape and thirteen counts of gross sexual imposition in Champaign County Common Pleas Court, and received an aggregate 24.5-year prison term.
- He filed a September 13, 2012 motion labeled as a motion to vacate sentence, but it sought withdrawal of pleas that never occurred; he contends ineffective assistance of trial counsel related to plea negotiation and deportation issues.
- The trial court treated the motion as a petition for post-conviction relief and denied relief as untimely under R.C. 2953.21, citing no extension under R.C. 2953.23.
- This court previously affirmed Isa’s direct appeal and later denied post-conviction challenges to his sentence on two occasions.
- Isa’s sole asserted error concerns ineffective assistance of counsel and res judicata; his wife’s affidavit was submitted with the motion.
- The appellate court held the motion was untimely post-conviction relief and affirmed the trial court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Isa’s motion was a timely post-conviction relief petition | Isa | State | Untimely; not excused by 2953.23; not a valid post-conviction petition. |
| Whether the court erred by considering evidence outside the record and applying res judicata | Isa | State | No error; res judicata applied; outside-record affidavit insufficient to revive timely petition. |
Key Cases Cited
- State v. Hicks, 8th Dist. Cuyahoga No. 99119, 2013-Ohio-1904 (Ohio 2013) (post-conviction relief petition timing)
- State v. Wells, 2d Dist. Champaign No. 2010 CA 5, 2010-Ohio-3238 (Ohio 2010) (retroactivity and timely filing considerations)
- State v. Pianowski, 2d Dist. Montgomery No. 25369, 2013-Ohio-2764 (Ohio 2013) (untimely post-conviction relief; lack of excusing grounds)
- State v. Reynolds, 79 Ohio St.3d 158, 679 N.E.2d 1131 (1997) (Ohio 1997) (definition of petition for postconviction relief)
- State v. Caldwell, 2d Dist. Montgomery No. 24333, 2012-Ohio-1091 (Ohio 2012) (irregular motions recast for proper treatment)
- State v. Schlee, 117 Ohio St.3d 153, 2008-Ohio-545 (Ohio 2008) (recourse for categorizing post-judgment motions)
- State v. Bush, 96 Ohio St.3d 235, 2002-Ohio-3993 (Ohio 2002) (standards for recognizing new rights in post-conviction context)