2012 Ohio 4755
Ohio Ct. App.2012Background
- Stone pled guilty to murder with firearm specification; firearm and tampering charges were dismissed; sentenced to 15 years to life; no direct appeal filed.
- Stone filed a second post-conviction petition in May 2011 with affidavits alleging ineffective assistance and failure to pursue evidence/tape; claims of witnesses and threats at Boris Nightclub.
- Trial court previously denied the first post-conviction petition in March 2006; the court noted the plea was counseled and there was no demonstrated basis for withdrawal.
- State moved to dismiss the second petition in May 2011; the court dismissed without a hearing, citing that the petition failed to meet R.C. 2953.23 requirements.
- On appeal, the court affirmed dismissal, holding Stone failed to show unavoidably prevented discovery or a new retroactive right, and that a counseled guilty plea precludes relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly dismissed without a hearing | Stone | State | No abuse of discretion; dismissal affirmed |
| Whether Stone was unavoidably prevented from discovering the facts | Stone | State | Not shown; reasonable diligence could have found witnesses |
| Whether Stone identified a new retroactive federal/state right | Stone | State | Not established; no new retroactive right shown |
| Whether a counseled guilty plea bars post-conviction relief under 2953.21 | Stone | State | Precluded relief; plea evidence controverts affidavits |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio Supreme Court 1999) (gatekeeping and credibility in postconviction relief)
- State v. Stone, 2012-Ohio-4755 (Ohio Court of Appeals (Clark County) 2012) (consolidates postconviction review standards; applicable to successive petitions)