State v. Kennedy, 2024 Ohio 66

Harold Kennedy was indicted in 2003 for aggravated murder, attempted aggravated murder, and having weapons while under disability, with firearm specifications.
Kennedy's convictions stemmed from a series of violent altercations with his ex-girlfriend, possession of a weapon, and a shooting that resulted in one death and another person injured.
He was convicted of lesser included offenses (murder and attempted murder), and sentenced to 30 years to life after an issue with the waiver of jury trial on one count was corrected.
Kennedy's initial petition for postconviction relief was denied; he failed to support it with the promised evidentiary documents and did not appeal the denial.
Nearly two decades later, Kennedy filed a successive, untimely petition for postconviction relief alleging Brady violations, ineffective assistance of counsel, and judicial bias, citing newly obtained police reports and other materials.
The trial court denied the petition without a hearing, finding it barred by res judicata, untimely, and lacking evidentiary support.

Issue	Kennedy's Argument	State's Argument	Held
Brady Violation (Suppression of Exculpatory Evidence)	Police withheld exculpatory police reports only obtained in 2021 that impeached witness identification.	Reports were not suppressed and either disclosed at trial or were not material; defense was aware of inconsistencies.	No Brady violation; no evidence of suppression; failed to meet jurisdictional prerequisites.
Ineffective Assistance of Counsel	Trial counsel failed to secure or prepare witnesses and improperly influenced testimony.	Claims previously raised/rejected or should have been raised; barred by res judicata.	Claims barred by res judicata; not supported by new evidence; no jurisdiction.
Judicial Bias	Trial judge failed to disclose a relationship with a state witness, impairing fairness.	No evidence of a relationship at the time of trial; any later connection is irrelevant; claim barred by res judicata.	No compelling evidence of bias; claim barred by res judicata; no constitutional error undermining the verdict.
Improper Standard/Misstatement of Law	Court erred by requiring leave to file successive petition.	Requirements for jurisdiction are statutory, not about leave of court.	Trial court referenced leave in error, but this had no bearing on the outcome; petition was untimely and substantively barred.

State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims in postconviction relief that were or could have been raised on direct appeal)
Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose exculpatory evidence material to guilt or punishment)
Strickland v. Washington, 466 U.S. 668 (1984) (sets out the test for ineffective assistance of counsel claims)
Kyles v. Whitley, 514 U.S. 419 (1995) (materiality of suppressed evidence under Brady)
State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata bars successive postconviction petitions)
State v. Gondor, 112 Ohio St.3d 377 (2006) (standard of review for postconviction petitions)
State v. LaMar, 95 Ohio St.3d 181 (2002) (criminal trial before a biased judge violates due process)
State v. Bethel, 167 Ohio St.3d 362 (2022) (application of the "unavoidably prevented" standard to suppressed Brady evidence)