State v. Ojile, 2017 Ohio 9319

Ojile challenges postconviction petitions under R.C. 2953.21 et seq. after his 2011 conviction for aggravated robbery and related offenses and later resentencing.
The first ground challenged trial counsel’s effectiveness in presenting Ojile’s alibi for the February 11, 2009 Weisbrod robbery, based on Contintental/United Airlines flight records.
Defense submitted a four-page alibi document and 11 pages of airline records; records were admitted as evidence but their interpretation and completeness were contested.
Tanks and Hoover testified at trial; Hoover testified as a state witness under a plea deal; Tanks testified Ojile admitted involvement with another robbery.
Ojile later sought postconviction relief in 2012 and 2016, arguing ineffective assistance, Brady violations, and right-to-counsel violations; the trial court dismissed for lack of jurisdiction.
The First District reversed in part, holding the court erred by dismissing the first ground for relief without an evidentiary hearing, and affirmed in part or dismissed other grounds accordingly.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the first postconviction ground (ineffective assistance re alibi) required an evidentiary hearing	Ojile sustained burden to show deficient performance and prejudice.	State argued dismissal was proper absent outside-evidence showing prejudice.	Court remanded; trial court erred by dismissing without a hearing.
Whether Brady and right-to-counsel grounds were jurisdictionally barred as late/successive petitions	Ojile argued undisclosed material evidence affected credibility of witnesses.	State contends claims were barred by R.C. 2953.23 and time limits.	Court held those grounds lacked jurisdiction to entertain as late petitions; but addressed separately in ruling.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective-assistance standard)
Bradley v. State, 42 Ohio St.3d 136 (Ohio 1989) (tests for substantial grounds; law-of-the-case relevance)
Kyles v. Whitley, 514 U.S. 419 (U.S. Supreme Court 1995) (materiality of undisclosed evidence)
Montejo v. Louisiana, 556 U.S. 778 (U.S. Supreme Court 2009) (right to counsel at critical stages after initiation)
Massiah v. United States, 377 U.S. 201 (U.S. Supreme Court 1964) (unsupervised interrogation violates right to counsel)
Conway v. Ohio, 2006-Ohio-791 (Ohio Supreme Court 2006) (right to counsel and testimony admissibility)