State v. Tanksley, 2014 Ohio 1194

Appellant Daniel Tanksley pleaded guilty in 2005 to murder with a firearm specification and was sentenced accordingly.
He did not file a timely direct appeal; a prior motion to file a delayed appeal was denied by this court.
In 2013, Tanksley filed a petition for postconviction relief; the trial court denied it as untimely.
R.C. 2953.21 sets a 180-day deadline for postconviction petitions after the transcript is filed in the court of appeals.
R.C. 2953.23(A) provides limited exceptions allowing untimely petitions, but none applied here.
The court held that the petition was untimely and the trial court lacked jurisdiction to consider it; thus the judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the petition was timely or untimely	Tanksley argued an exception to timeliness applied.	The State argued no timely exception applied.	Untimely petition; no applicable exception.
Whether new rights recognized by Frye or Lafler apply retroactively to permit untimely petitions	Frye and Lafler create retroactive rights.	They do not create a retroactive right for postconviction relief petitions.	Not retroactive; exceptions not satisfied.
Whether the petition could be entertained under R.C. 2953.23(A)(1)	Cites new-right theory under Frye/Lafler.	No new-right recognized here.	Not applicable; the theory fails.
Whether trial counsel was ineffective for failing to object to a void indictment	Indictment void/nullity; failings affected trial.	No merit to indictment challenge.	Merits not reached due to untimeliness; petition dismissed for lack of jurisdiction.
Whether failure to request a lesser-included offense instruction was ineffective assistance	Counsel should have requested manslaughter instruction.	No ineffective-assistance claim established under untimeliness.	Not reached; affirmance on untimeliness.

State v. Mangus, 2009-Ohio-6563 (10th Dist. 2009) (untimely postconviction petitions lack jurisdiction absent exceptions)
State v. Hollingsworth, 2009-Ohio-1753 (10th Dist. 2009) (limited exceptions to untimely postconviction petitions)
State v. Reed, 2013-Ohio-5145 (10th Dist. 2013) (new-right theory from Frye/Lafler not retroactive)
State v. Isa, 2013-Ohio-3382 (2d Dist. 2013) (rejects retroactivity of Frye/Lafler for postconviction relief)
State v. Anderson, 2013-Ohio-4426 (11th Dist. 2013) (no retroactive new-right recognized)
Missouri v. Frye, 132 S. Ct. 1399 (Supreme Court 2012) (new constitutional right to effective assistance in plea bargaining)
Lafler v. Cooper, 132 S. Ct. 1376 (Supreme Court 2012) (rights regarding the negotiation process in plea bargains)