State v. Strickland
2014 Ohio 5105
Ohio Ct. App.2014Background
- Appellant was charged in 2005 with five counts, including firearm specifications, for the March 12, 2005 shooting death of Dishawn Parks; he was 17 at the time.
- Convicted on all counts after trial; subjected to an aggregate term of 40 years to life, with multiple corrected entries later filed.
- Direct appeal affirmed; federal habeas corpus relief denied.
- On July 5, 2013, Strickland filed a motion titled 'motion for resentencing' arguing failure to merge allied offenses for sentencing.
- Trial court treated the motion as a postconviction petition under R.C. 2953.21 and denied it after a hearing was scheduled but not granted.
- This appeal challenges timeliness, res judicata, and whether the trial court erred in denying the postconviction petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of postconviction petition | Strickland seeks relief notwithstanding untimeliness. | Petition timely under exceptions. | Untimely; not within R.C. 2953.23 exceptions. |
| Res judicata bar to merger claim | Merger/allied-offense issue could be revisited. | Issue barred because it could have been raised earlier. | Barred by res judicata; not reviewable post-judgment. |
| Plain error/crim.R. 52(B) remedy | Crim.R. 52(B) allows correction of plain errors at any time. | Plain-error review is unavailable as a standalone postconviction remedy. | Not applicable; Crim.R. 52(B) plain-error review is for direct appeals only. |
| Findings of fact and conclusions of law | Trial court erred by not issuing findings on denial of petition. | No obligation to issue findings on an untimely petition. | No abuse; findings not required when petition is untimely. |
Key Cases Cited
- State v. Sidibeh, 2013-Ohio-2309 (10th Dist. No. 12AP-498, 2013-Ohio-2309) (postconviction standard; abuse of discretion review)
- State v. Boone, 2012-Ohio-3653 (10th Dist. No. 11AP-1054, 2012-Ohio-3653) (untimely postconviction petitions and exceptions)
- State v. Hessler, 2002-Ohio-3321 (10th Dist. No. 01AP-1011, 2002-Ohio-3321) (res judicata in postconviction context)
- State v. Gondor, 112 Ohio St.3d 377 (2006-Ohio-6679) (analysis of postconviction relief and related standards)
- State v. Ali, 2004-Ohio-6592 (104 Ohio St.3d 328, 2004-Ohio-6592) (timeliness and retroactivity considerations for new rights)