2022 Ohio 3864
Ohio Ct. App.2022Background:
- Scott A. Jones was indicted on two counts of felonious assault with firearm specifications; a jury convicted him and the trial court sentenced him to 11 years in prison.
- Jones’s direct appeal was denied by this court and the Ohio Supreme Court declined review; subsequent applications to reopen and discretionary review were also denied.
- Jones filed a petition for postconviction relief on February 4, 2021; the trial court denied it as untimely and Jones appealed.
- The statutory deadline for filing postconviction relief was 365 days after the trial transcript was filed in the court of appeals; Jones’s transcript was filed September 16, 2019, making his deadline September 16, 2020.
- Jones argued his petition was timely because House Bill 197 and an Ohio Supreme Court tolling order tolled deadlines from March 9–July 30, 2020, and he also asserted limited law-library access while incarcerated.
- The court held the tolling provisions applied only to deadlines that would have expired between March 9 and July 30, 2020, Jones did not satisfy statutory exceptions for an untimely petition, and the trial court did not abuse its discretion in denying relief.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones’s postconviction petition was timely | Jones: HB 197 and Ohio Supreme Court tolling retroactively tolled his deadline from Mar 9, 2020, extending his deadline into Feb 2021; lack of law-library access caused prejudice | State: Tolling applied only to deadlines that would have expired between Mar 9 and Jul 30, 2020; Jones’s deadline expired Sept 16, 2020; Jones failed to meet statutory exceptions for untimely petitions | Court: Tolling did not apply; deadline expired Sept 16, 2020; petition untimely and no applicable exceptions shown; trial court did not abuse discretion |
Key Cases Cited
- In re Tolling of Time Requirements Imposed by Rules Promulgated by the Supreme Court & Use of Tech., 158 Ohio St. 3d 1516 (2020-Ohio-1166) (Ohio Supreme Court tolling order applying retroactively to Mar 9, 2020 and expiring with the emergency or July 30, 2020)
- State v. Jones, 161 Ohio St. 3d 1407 (2021-Ohio-106) (Ohio Supreme Court entry denying discretionary review)
- State v. Jones, 163 Ohio St. 3d 1418 (2021-Ohio-1606) (Ohio Supreme Court entry denying discretionary review of application to reopen)