State v. Williams, 2014 Ohio 4117

In 1996, Williams was found guilty by a jury of murder and attempted murder, each with firearm specifications, and sentenced to 15 years-to-life plus 3 years for the murder spec, and 10 to 25 years for attempted murder, consecutive to the murder sentence.
The firearm specifications were ordered served concurrently with the specifications attached to the murder conviction.
This court affirmed those convictions and sentences, and the Ohio Supreme Court declined further review.
On September 30, 2013, Williams moved to vacate his sentences on the theory that the convictions should have merged as allied offenses.
The trial court dismissed the motion as untimely postconviction relief and, alternatively, barred by res judicata and other grounds; it also found Williams failed to show equivalent sentencing under the law in effect at the time of sentencing.
On appeal, Williams challenges the trial court’s actions, arguing the allied-offense issue warranted merit-based review and merger, but the appellate court affirmed, holding the petition untimely, barred by res judicata, and that the offenses involved separate victims with distinct animus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of postconviction petition	Williams argues timely relief under R.C. 2953.23	State contends petition untimely under 2953.21/23	Petition untimely; no late-filing grounds established
Res judicata effect on allied-offense claims	Williams contends not barred by res judicata	State asserts res judicata bars claim; issues resolvable on direct appeal	Res judicata barred the petition
Allied offenses of dissimilar import and merger	Williams argues the two offenses should have merged as allied offenses	State maintains separate convictions due to distinct victims and animus	Offenses are dissimilar import; separate convictions affirmed

State v. Robinson, 2013-Ohio-2941 (6th Dist. Huron No. H-12-025) (allied-offense issues treated as postconviction petitions)
State v. Gondor, 860 N.E.2d 77 (112 Ohio St.3d 377 (2006)) (abuse of discretion standard for postconviction relief)
Blakemore v. Blakemore, 450 N.E.2d 1140 (5 Ohio St.3d 217 (1983)) (abuse of discretion definition)
State v. Gates, 2011-Ohio-3492 (6th Dist. Lucas No. L-10-1163) (allied-offense issues and postconviction principles)
State v. Jackson, 413 N.E.2d 819 (64 Ohio St.2d 107 (1980)) (burden of proof and evidence outside the record)
State v. Reynolds, 679 N.E.2d 1131 (79 Ohio St.3d 158 (1997)) (eligibility of new evidence to overcome res judicata)
State v. Cole, 443 N.E.2d 169 (2 Ohio St.3d 112 (1982)) (requirements for postconviction claims and outside evidence)