State v. Johnson
2012 Ohio 2542
Ohio Ct. App.2012Background
- Johnson was indicted on multiple counts including aggravated robbery and kidnapping with firearm specifications and tampering with evidence; he pled guilty to all counts and was sentenced to 14 years.
- He timely appealed; a CD videotaping of the hearing on his motion for costs of experts and sentencing was filed, but no written transcript was filed, and the appeal was dismissed for lack of brief.
- Johnson filed a post-conviction relief petition on April 26, 2011, asserting ineffective assistance of trial counsel; the State moved for summary judgment.
- The trial court granted summary judgment and denied the petition without a hearing, finding the petition conclusory and lacking evidentiary support.
- The court of appeals reviews a post-conviction denial for abuse of discretion; the petition is not a constitutional right and is governed by R.C. 2953.21 through 2953.23.
- Key issue is whether the petition was timely and properly considered given the transcript rules and Everette guidance on when a transcript constitutes the filing for timing purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of post-conviction petition | Johnson | State | Untimely petition; trial court lacked jurisdiction to entertain without excusing under R.C. 2953.23(A) |
| Requirement of an evidentiary hearing | Johnson | State | No hearing required where petition lacks operative facts; denial upheld absent sufficient grounds |
Key Cases Cited
- Gondor, 112 Ohio St.3d 377 (2006) (abuse-of-discretion standard; post-conviction relief review)
- Steffan, 70 Ohio St.3d 399 (1994) (post-conviction relief framework; rights limited to statutory grounds)
- Calhoun, 86 Ohio St.3d 279 (1999) (post-conviction petition grounds; jurisdiction and rights)
- Foster, 2009-Ohio-5202 (Ohio Ct. App. 2010) (no hearing necessary if no operative facts established)
- Everette, 129 Ohio St.3d 317 (2011) (trial transcript defined; written transcript governs timing)
- James, 2011-Ohio-6457 (No. 11AP-246) (jurisdictional time bar for untimely post-conviction petitions)
- West, 2009-Ohio-7057 (No. 08 CA 102) (time bar is jurisdictional and not waivable)