State v. Perry, 2011 Ohio 274

Defendant-appellant Perry was indicted in 2008 on multiple counts including two aggravated murders with death specifications and related offenses.
Perry entered a negotiated plea in 2009 with two death-penalty qualified attorneys, under a Crim.R. 11(C)/(F) plea form, and the sentencing journal reflected the agreement.
A three-judge panel found Perry guilty on the charged counts and, per the agreement, sentenced him to life without parole plus additional concurrent terms.
Perry later filed a post-conviction relief petition in June 2010, which the trial court denied without a hearing.
The Court of Appeals must address timeliness under R.C. 2953.21 and potential grounds for relief, including ineffective assistance and indictment sufficiency.
The court held Perry’s petition untimely under RC 2953.21(A)(2) and, even if timely, Perry failed to establish substantive grounds for relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effective assistance for plea and coercion claims	Perry claims counsel ineffective due to coercion and medicated state affecting plea.	State contends no ineffective assistance and adequate plea colloquy.	No reversible error; claims insufficiently supported.
Indictment sufficiency for counts 1–4	Counts 1–4 defective for failing to state essential elements.	Indictment tracked the statutes and provided notice of charges.	Indictment not defective; elements adequately conveyed.
Timeliness of post-conviction petition	Petition should be considered despite timing due to delayed discovery of new rights.	Petition untimely under RC 2953.21(A)(2); exceptions not shown.	Untimely; petition barred absent qualifying exceptions.
Evidentiary hearing and Strickland standard	Hearing and evidentiary material required to prove ineffective assistance.	Petition lacked cogent facts; no hearing required.	No error; evidence inadequate to warrant hearing.
Res judicata and burden of new evidence	Petition should not be precluded by res judicata and new evidence allowed.	Res judicata bars claims that could have been raised on direct appeal; no new evidence established.	Res judicata applied; no new evidence establishing voidable judgment.

State v. Horner, 126 Ohio St.3d 466 (2010) (indictment may track statute when no mental-state is required)
State v. Fry, 125 Ohio St.3d 163 (2010) (felony murder doctrine and predicate offenses; mens rea considerations)
State v. Lytle, 48 Ohio St.2d 391 (1976) (Strickland standard and standards for ineffective assistance)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (post-conviction relief procedure limitations and evidentiary standards)
State v. Jackson, 64 Ohio St.2d 107 (1980) (threshold for granting post-conviction relief and evidentiary considerations)