State v. McBride, 2014 Ohio 5102

Tamboura D. McBride was convicted by a jury (May 24, 2010) of multiple burglaries and thefts on The Ohio State University campus; convictions were largely based on victim identifications.
This court previously affirmed McBride’s convictions on direct appeal.
McBride filed petitions for postconviction relief under R.C. 2953.21 alleging ineffective assistance of trial counsel (failure to move to suppress identifications), prosecutorial misconduct, insufficient evidence, and improper sentence.
The trial court denied the petitions without an evidentiary hearing, concluding res judicata barred the claims and also rejecting them on the merits.
McBride appealed, raising three assignments: (1) trial counsel ineffective and trial court erred in finding res judicata, (2) trial court failed to consider R.C. 2929.11/2929.12 sentencing factors, and (3) trial court erred by denying the petition without a hearing.
The appellate court affirmed, holding res judicata barred the first two claims and no abuse of discretion occurred in denying a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McBride's ineffective-assistance claim (failure to move to suppress identifications) can proceed	State: Claim is barred by res judicata because it was or could have been raised on direct appeal	McBride: Trial counsel was ineffective for not filing suppression motions; claim merits postconviction review	Barred by res judicata; no evidence outside the trial record offered to overcome bar
Whether sentencing claim (failure to consider R.C. 2929.11/2929.12) can proceed	State: Sentencing challenge could have been raised on direct appeal and is barred by res judicata	McBride: Sentencing was improper for failure to consider statutory factors	Barred by res judicata
Whether trial court erred by denying postconviction petition without an evidentiary hearing	State: No hearing required where claims are barred or lack supporting extrarecord evidence	McBride: Trial court should have held an evidentiary hearing on his petition	No abuse of discretion; hearing not required because res judicata barred the claims

State v. Ketterer, 126 Ohio St.3d 448 (2010) (res judicata bars claims raised or that could have been raised on direct appeal)
State v. Perry, 10 Ohio St.2d 175 (1967) (foundational Ohio doctrine on res judicata in criminal cases)
State v. Lentz, 70 Ohio St.3d 527 (1994) (ineffective-assistance claims ascertainable from the record are barred by res judicata on postconviction review)
State v. Cole, 2 Ohio St.3d 112 (1982) (same principle regarding ineffective-assistance claims and the record)
State v. Jackson, 64 Ohio St.2d 107 (1980) (defendant not automatically entitled to evidentiary hearing on postconviction petition)