State v. Lewis, 2014 Ohio 2224

State v. Lewis, Lake County Ohio; defendant James J. Lewis challenged Alleyne retroactivity on collateral review.
Petition for post-conviction relief filed August 26, 2013 after direct appeal; petition denied as untimely and possibly barred by res judicata.
Transcript from direct appeal filed in the Court of Appeals on November 20, 2009, establishing the 180-day deadline under R.C. 2953.21(A)(2).
Court examined whether an exception under R.C. 2953.23(A)(1) allowed timely consideration despite untimeliness.
Court traced Alleyne and Apprendi lineage to determine retroactivity and whether the new rule applies on collateral review.
Holding: assignments of error merit none; petition timely exception not shown; affirming trial court’s denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Alleyne applies retroactively on collateral review	Lewis argues Alleyne is retroactive; supports post-conviction relief.	State contends Alleyne not retroactive on collateral review and petition untimely.	Not timely; Alleyne not retroactive on collateral review.
Whether the 180-day window governs the petition and whether RC 2953.23(A)(1) applies	Lewis asserts an exception under RC 2953.23(A)(1) should apply to permit review.	State maintains petition untimely and no eligible exception applies.	Lewis failed to meet the first prong; petition not timely and meritless.

Alleyne v. United States, 133 S. Ct. 2151 (Supreme Court 2013) (retroactivity on collateral review not declared by Justices)
Apprendi v. New Jersey, 530 U.S. 466 (Supreme Court 2000) (facts increasing minimum or maximum sentence must go to jury)
Harris v. United States, 536 U.S. 545 (Supreme Court 2002) (distinguished when only minimum sentence is affected)
Schriro v. Summerlin, 542 U.S. 348 (Supreme Court 2004) (Apprendi-based rules not retroactive on collateral review)
Simpson v. United States, 721 F.3d 875 (7th Cir. 2013) (Court declined to extend Alleyne retroactivity on collateral review)