State v. Murillo, 2014 Ohio 2097

Murillo was indicted for aggravated burglary and later murdered his wife while on bond; he pled guilty to both offenses and was sentenced to 15 years to life for murder and 10 years for burglary concurrent.
He did not file a direct appeal from conviction or sentence.
Murillo filed multiple postconviction motions in the trial court over the years; two prior appeals affirmed rulings related to those motions.
On June 5, 2013, he filed a petition for postconviction relief alleging the State failed to disclose exculpatory photographs showing a chest stab wound.
The trial court denied the petition as untimely and lacking evidentiary support for the exculpatory-photographs claim.
Murillo appeals, asserting a Brady violation based on failure to provide the photographs, and arguing the trial court erred in denying postconviction relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the State violate Brady by withholding photos?	Murillo	State	No Brady violation; petition untimely and insufficient

State v. Bell, 2d Dist. Montgomery No. 25729, 2014-Ohio-49 (Ohio 2014) (governs postconviction procedure and abuse of discretion)
State v. Gondor, 112 Ohio St.3d 377, 860 N.E.2d 77, 2006-Ohio-6679 (Ohio 2006) (gatekeeping for postconviction petitions; hearsay about affidavits)
State v. Darmond, 135 Ohio St.3d 343, 986 N.E.2d 971, ¶ 34, 2013-Ohio-966 (Ohio 2013) (abuse of discretion standard and standards for relief)
State v. Calhoun, 86 Ohio St.3d 279, 714 N.E.2d 905, paragraph two of the syllabus, 1999 (Ohio 1999) (affidavits in postconviction relief; not all entitle to hearing)
State v. Current, 2013-Ohio-1921 (Ohio 2013) (untimely postconviction relief; conditions for excusing lateness)
State v. Cooks, 2d Dist. Montgomery No. 25592, 2014-Ohio-1103 (Ohio 2014) (timeliness of postconviction petition after no direct appeal)