State v. McKinney, 2011 Ohio 3521

McKinney was indicted in Defiance County on five counts including robbery and receiving stolen property, with trial in January 2004 resulting in guilty verdicts on all counts and a 20-year aggregate sentence.
On appeal, this Court reversed a portion of the judgment in 2004, dropping the receiving stolen property conviction and remanding for resentencing.
McKinney was resentenced in January 2005 to 18.5 years total, with counts running consecutively.
McKinney filed a petition for post-conviction relief on December 20, 2004; the trial court denied it on February 23, 2005, as barred by res judicata and lacking substantive grounds.
McKinney filed a notice of appeal on February 10, 2011, challenging the denial of post-conviction relief; the State argued lack of jurisdiction due to Rule 4(A) timing and res judicata.
The appellate court held it had jurisdiction due to service issues preventing proper notice, and addressed the merits, ultimately finding no abuse of discretion in denying relief without a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McKinney was entitled to an evidentiary hearing.	McKinney argues he should have a hearing on his petition.	McKinney's position is unsupported by the record; no substantive grounds shown.	No error; no hearing required due to lack of substantive grounds.
Whether the trial court erred in denying the petition on res judicata grounds and timing.	Petition warranted review and is not barred by res judicata; timing issues tolling possible.	Claims barred by res judicata and untimely; no need for hearing.	Affirmed; petition properly denied/ barred by res judicata; no hearing required.

State v. Reynolds, 379 N.E.2d 3 (Ohio 1997) (abuse of discretion standard for post-conviction relief; prescribes grounds for hearing)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (precludes relief where record shows no substantive grounds)
State v. Lentz, 70 Ohio St.3d 527 (1994) (res judicata applies to post-conviction claims not raised on direct appeal)
State v. Perry, 10 Ohio St.2d 175 (1967) (syllabus on res judicata and post-conviction relief)
State v. Jackson, 64 Ohio St.2d 107 (1980) (requires showing substantive grounds for relief in post-conviction petitions)
In re Anderson, 92 Ohio St.3d 63 (2001) (timing tolling when service of judgment is not timely)
State ex rel. Hughes v. Celeste, 67 Ohio St.3d 429 (1993) (proper service affects appeal timing under Civ.R. 58(B) and App.R. 4(A))
State ex rel. Sautter v. Grey, 117 Ohio St.3d 465 (2008) (tolls appeal period when service is not timely under Civ.R. 58(B) and App.R. 4(A))