State v. Wilson, 2012 Ohio 4065

Wilson was convicted by a jury of murder, aggravated murder, kidnapping, and firearm specifications; he was also convicted of having a weapon while under disability.
He was sentenced on January 7, 2011 to an aggregate term of 33 years to life in prison.
While direct appeal was pending, Wilson filed a postconviction petition alleging jurors slept during trial, attaching his affidavit and two observer letters.
The trial court denied the petition, noting prior exhaustion on appeal and deeming the affidavit self-serving; the observer letters were unsworn.
The appellate court reviewed the three postconviction errors together, focusing on the court’s failure to hold an evidentiary hearing and to consider the attached evidence.
Holding: the trial court did not abuse its discretion; the petition was properly denied without an evidentiary hearing; the convictions and sentence were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the postconviction petition warranted an evidentiary hearing	Wilson	Wilson	No; petition lacked admissible operative facts to require a hearing
Whether the court properly discounted the petition's supporting affidavits	Wilson	Wilson	Yes; court could deem affidavits self-serving and discount them
Whether unsworn observer letters could be considered	Wilson	Wilson	No; unsworn letters were inadmissible and properly disregarded

State v. Jackson, 64 Ohio St.2d 107 (1980) (summary dismissal of petition when no operative facts)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (courts may assess credibility of affidavits in postconviction matters)
State v. Moore, 99 Ohio App.3d 748 (1994) (self-serving affidavits may be discounted)
State v. Sanders, 92 Ohio St.3d 245 (2001) (objective review of juror issues; timing matters)
State v. McKnight, 107 Ohio St.3d 101 (2005) (ineffective assistance and prejudice standards in postconviction context)