2014 Ohio 1514
Ohio Ct. App.2014Background
- Jackson appeals a trial court denial of his second postconviction relief petition.
- First petition (1996) argued ineffective assistance of trial counsel; attached King affidavits.
- King affidavits claimed Jackson was not involved; King later submitted a 2003 affidavit similar to 1993 version.
- Second petition (filed 2012) argued newly discovered evidence showing actual innocence, based on King affidavits.
- Trial court found the second petition untimely and not within RC 2953.23 exceptions; no jurisdiction to consider.
- Court of Appeals upheld, holding lack of timeliness deprived court of jurisdiction; petition dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to entertain an untimely postconviction petition. | Jackson argues the petition relied on newly discovered evidence meeting RC 2953.23(A)(1). | State contends the petition was untimely under RC 2953.21 and failed RC 2953.23 prerequisites. | No jurisdiction; petition untimely and fails exceptions. |
Key Cases Cited
- State v. Crum, 2005-Ohio-7037 (5th Dist. Stark No. 2005CA00024) (untimely postconviction petitions lack jurisdiction)
- State v. Beaver, 131 Ohio App.3d 458 (11th Dist.1998) (timeliness is jurisdictional)
- State v. Hill, 129 Ohio App.3d 658 (1st Dist.1998) (untimely petitions barred absent exceptions)