2011 Ohio 1002
Ohio Ct. App.2011Background
- Jones was convicted of aggravated robbery and aggravated burglary of his former girlfriend, who testified he entered with a cousin, assaulted her, and theft occurred;
- Judgment on July 24, 2006 sentenced him to ten years on each count to run consecutively;
- Direct appeal in 2008 affirmed conviction in State v. Jones, 7th Dist. No. 06MA109, 2008-Ohio-1541;
- Appellant filed numerous post-trial motions, including petitions to vacate sentence (2007) and post-conviction relief (2008, 2010) and a 2009-2010 acquittal-related motion;
- In 2010 the trial court denied the post-conviction relief petition and petitions to vacate void judgments, after which Jones timely appealed;
- The appellate court concluded the petition was untimely and successive, depriving the court of jurisdiction under R.C. 2953.23(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the post-conviction petition was timely and properly filed | Jones | Jones's petition was timely under R.C. 2953.23 | Petition untimely and successive; court lacked jurisdiction |
| Whether claims of ineffective assistance and other issues could be raised in post-conviction proceedings | Jones | Many issues could have been raised on direct appeal or were untimely | Claims barred; not raised timely or on direct appeal; precluded in post-conviction relief |
| Whether the trial court erred by imposing maximum consecutive sentences under Eighth Amendment | Jones | Challenge to sentencing | Not cognizable in post-conviction relief; issues foreclosed or waived |
| Whether the petition could proceed given lack of new retroactive right or newly discovered facts | Jones | New rights or new facts not shown | R.C. 2953.23(A)(1) not satisfied; no jurisdiction to entertain |
Key Cases Cited
- Ishmail v. Williams, 54 Ohio St.2d 402 (1976) (cannot add matter to record that was not in record below)
- Reynolds v. Basinger, 99 Ohio St.3d 303 (2003) (no jurisdiction if petition untimely/successive under 2953.23)
- Carroll v. Corrigan, 84 Ohio St.3d 529 (1999) (standard for post-conviction relief and procedural rules)