Summary
The Ohio Eleventh District Court of Appeals reversed the Trumbull County Court of Common Pleas’ denial of Danny L. Isom’s petition for postconviction relief. The court held that R.C. 2953.21(D) required the trial court to issue findings of fact and conclusions of law and remanded the matter for that purpose.
Holdings
- When a trial court dismisses a petition for postconviction relief, R.C. 2953.21(D) requires the court to make and file findings of fact and conclusions of law addressing the dismissal.
- Because the trial court wholly failed to issue findings of fact or conclusions of law when denying Isom's petition, its judgment was reversible and the matter had to be remanded for issuance of findings and conclusions.
Questions Presented
- Whether a trial court that dismisses a petition for postconviction relief must issue findings of fact and conclusions of law under R.C. 2953.21(D).
- Whether the trial court's failure to issue any findings of fact or conclusions of law required reversal and remand.
Disposition
reversed_and_remanded
Cases Cited (5)
- State v. Isom, 2025-Ohio-604 (11th Dist.)(followed procedurally)
- State v. Hull, 2020-Ohio-2895, ¶ 11 (11th Dist.)(applied)
- State v. Calhoun, 1999-Ohio-102, ¶¶ 13, 42, 44-46(applied)
- Jones v. State, 8 Ohio St.2d 21, 22 (1966)(applied)
- State ex rel. Penland v. Dinkelacker, 2020-Ohio-3774, ¶ 20(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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