State v. Mathes, 2013 Ohio 4128

Appellant James David Mathes was indicted in Clermont County in August 2011 on rape, unlawful restraint, kidnapping, and tampering with evidence for an alleged June 4, 2010 assault on a 14-year-old neighbor, A.C.
At trial in February 2012, A.C. testified that Mathes pinned her on a couch, touched her shorts, and digitized penetrated her vagina; DNA analyst Draper testified DNA from under Mathes' fingernails matched A.C.'s DNA.
Mathes testified he had no contact with A.C.; he suggested she may have transferred DNA while handling clothing; the jury convicted him of rape, kidnapping, and unlawful restraint.
The trial court sentenced Mathes to five years in prison for rape after finding allied offenses of similar import; a new trial motion was denied.
Mathes' direct appeal was affirmed by this court on April 29, 2013, in State v. Mathes, 2013-Ohio-1732.
On December 6, 2012, Mathes filed a postconviction relief petition seeking to vacate the judgment and for appointment of a DNA testing expert; the trial court denied without a hearing on January 16, 2013.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of postconviction relief without a hearing was proper	Mathes argued trial counsel was unprepared to impeach A.C., affecting trial result	Mathes contends the Incident Run report and impeachment evidence were unavailable but could have altered the verdict	No reversible error; denials upheld; res judicata bars review without new evidence
Whether denial without a hearing was warranted for claims of counsel unprepared and trial judge aware beforehand	Sister allegedly informed court of counsel's unpreparedness and requested continuance	Claims lack evidentiary support; no record of the call or authority to request continuance	No abuse of discretion; res judicata bars; petition properly denied without hearing

State v. Dillingham, 2012-Ohio-5841 (Ohio 2012) (postconviction review requires substantial operative facts; abuse of discretion standard)
State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (res judicata bars postconviction claims not raised on direct appeal)
State v. Vore, 2013-Ohio-1490 (Ohio 2013) (evidentiary hearing not automatic; trial court's decision reviewed for abuse of discretion)
State v. Wagers, 2012-Ohio-2258 (Ohio 2012) (res judicata bars postconviction relief claims that could have been raised on direct appeal)
State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (syllabus on postconviction procedures and procedural bars)
State v. Cole, 2 Ohio St.3d 112 (Ohio 1982) (scope of postconviction relief and procedural requirements)
State v. Lawson, 103 Ohio App.3d 307 (Ohio App.3d 1995) (exception to res judicata when outside-record evidence exists)