State v. Johnson, 2022 Ohio 81

In August 2012 James Keith was robbed and shot multiple times; he identified Eric Johnson (nickname “E”) at trial via a blind photo array and in-court, and testified he saw the shooter clearly.
A jury convicted Johnson of aggravated robbery and attempted murder; the trial court imposed a 21-year sentence.
Johnson filed multiple postconviction challenges and appeals; earlier petitions were denied and prior appeals affirmed.
In November 2020 Johnson filed a third successive postconviction petition attaching an August 26, 2020 affidavit from Keith stating he now believed he had identified the wrong person and felt pressured to testify.
The trial court denied the untimely petition without an evidentiary hearing; the court of appeals affirmed, concluding the petition was untimely, Johnson failed to show he was unavoidably prevented from discovering the basis for the claim, and Keith’s recantation was insufficient to show constitutional error.
A dissent would have remanded for a hearing to resolve whether Johnson was unavoidably prevented from discovering Keith’s misgivings and to assess the recantation’s credibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / R.C. 2953.21 and 2953.23 — Was the petition timely or excused as newly discovered?	Petition is untimely; Johnson did not show he was unavoidably prevented from discovering Keith’s statements.	Keith’s affidavit was only executed in Aug. 2020; Johnson could not have discovered the alleged recantation earlier.	Petition untimely; Johnson failed to show unavoidable prevention of discovery, so R.C. 2953.23(A)(1)(a) not satisfied.
Sufficiency of recantation to require hearing — Does the victim’s affidavit establish by clear and convincing evidence that constitutional error at trial occurred?	Recantations are inherently suspect and the affidavit does not overcome trial testimony or show constitutional error.	Keith’s affidavit shows misidentification that was critical to conviction; a hearing is required.	Affidavit found insufficient: recantation viewed with suspicion, trial testimony more credible; Johnson did not show the required clear and convincing constitutional error, so no hearing warranted.

State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (standard for dismissing a postconviction petition without a hearing; factors to evaluate affidavit credibility)
State v. Gondor, 112 Ohio St.3d 377 (Ohio 2006) (trial court as gatekeeper; abuse-of-discretion review of denials)
State v. Jackson, 64 Ohio St.2d 107 (Ohio 1980) (a hearing on a postconviction petition is not automatic)
State v. Steffen, 70 Ohio St.3d 399 (Ohio 1994) (postconviction relief is a collateral civil attack on the criminal judgment)
United States v. Earles, 983 F. Supp. 1236 (N.D. Iowa 1997) (recantations are viewed with great suspicion)
State v. Mackey, 106 N.E.3d 241 (Ohio 2018) (confirmation that allegations of perjury alone do not necessarily implicate constitutional error)