State v. Norris
2013 Ohio 866
Ohio Ct. App.2013Background
- Norris was convicted in 2006 of two counts of illegal assembly or possession of chemicals for methamphetamine manufacture and sentenced to two consecutive five-year terms.
- He pursued direct appeal, which was affirmed; he then filed a federal habeas petition that was denied.
- On April 29, 2011 Norris filed a petition for postconviction relief under R.C. 2953.21-23, which the trial court dismissed without a hearing.
- R.C. 2953.21(A)(2) requires a postconviction petition to be filed within 180 days after the trial transcript is filed on direct appeal; the transcript was filed July 18, 2006.
- Norris filed his petition on April 29, 2011, more than four years after the deadline, rendering it untimely and within the trial court’s lack of jurisdiction.
- The appellate court affirmed, holding there were no timely grounds to excuse the untimely filing under R.C. 2953.23 and no basis for a hearing or findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition was timely under R.C. 2953.21(A)(2). | Norris contends he should receive relief and a hearing. | The petition was filed four years late and outside the 180-day window. | Untimely; court lacked jurisdiction to grant relief. |
| Whether any statutory exception to the 180-day filing requirement applies. | Johnson-era or other new rights could revive relief under R.C. 2953.23(A). | Johnson is not retroactive to postconviction relief; no new rights apply. | No exception applied; petition barred by tardiness. |
Key Cases Cited
- State v. Gondor, 112 Ohio St.3d 377 (2006) (abuse of discretion standard for postconviction relief appeals)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion and due process considerations)
- State v. Reynolds, 99 Ohio St.3d 303 (2003) (timeliness and standards for postconviction relief)
- State v. Johnson, 128 Ohio St.3d 153 (2010) (retroactivity of new rights and allied-offense considerations)
- State v. Haschenburger, 2009-Ohio-6527 (7th Dist.) (180-day filing deadline is jurisdictional; exceptions apply only under 2953.23)