2014 Ohio 3147
Ohio Ct. App.2014Background
- In 1983 Ivan Pettis was convicted by a jury of two counts of rape and one count of gross sexual imposition; the trial court imposed life sentences on the rape counts and 2–5 years on the GSI count.
- Pettis directly appealed; this court affirmed his convictions in 1984.
- Pettis filed multiple postconviction petitions (1985, 1986, and 2013) claiming ineffective assistance of trial and appellate counsel for failing to introduce or raise a medical report concerning the victim.
- The trial court denied each postconviction petition; the 2013 petition was denied as untimely and on res judicata grounds.
- The appellate court affirmed, holding Pettis’s claims were either barred by res judicata because they could have been raised earlier or were time‑barred under amended R.C. 2953.21, and Pettis did not satisfy the narrow exceptions to allow late filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pettis’s postconviction petition should be considered despite prior rulings (res judicata) | Pettis argued counsel was ineffective for failing to introduce the medical report and appellate counsel failed to raise it | Trial court and state argued the claim was known and could have been raised earlier; prior petitions raised similar claims | Court: barred by res judicata — claims could have been raised on direct appeal or in earlier petitions |
| Whether the 2013 petition was timely under R.C. 2953.21 | Pettis implicitly argued entitlement to review of his ineffective assistance claim | State argued petition was filed long after statutory deadlines and not within exceptions | Court: untimely under amended R.C. 2953.21; required filing by Sept. 21, 1996; Pettis filed in 2013 |
| Whether Pettis met exceptions to permit an untimely petition under R.C. 2953.23 (newly discovered facts or new retroactive right) | Pettis claimed the medical report supported his innocence and had been withheld | State showed record indicated Pettis knew of the medical report at trial and earlier motions; no new Supreme Court right identified | Court: Pettis did not prove he was unavoidably prevented from discovering the records nor asserted any newly recognized retroactive right; exceptions not met |
| Whether constitutional error established by clear and convincing evidence would have resulted in acquittal | Pettis contended the medical report would have established innocence if considered | State maintained Pettis provided no clear and convincing showing that, but for error, no reasonable factfinder would have convicted him | Court: Pettis failed to show by clear and convincing evidence that constitutional error would have led to acquittal |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (standards for postconviction relief and when a hearing is required)
- State v. Cole, 2 Ohio St.3d 112 (1982) (res judicata bars claims that could have been raised on direct appeal)
- State v. Schulte, 118 Ohio App.3d 184 (1997) (application of amended R.C. 2953.21 deadlines to convictions before S.B. 4)