State v. Phelps

Summary

The Ohio Court of Appeals for the Fifth Appellate District affirmed the dismissal of Robert Phelps's petition for post-conviction relief as untimely. The court held that Phelps did not satisfy the statutory exceptions allowing consideration of an untimely petition and that the trial court was not required to issue findings of fact and conclusions of law or conduct an evidentiary hearing.

Holdings

1. The petition was untimely because it was filed more than 365 days after the transcript was filed in the direct appeal, and Phelps failed to satisfy either applicable exception permitting consideration of an untimely petition under R.C. 2953.23(A)(1).
2. The trial court was not required to issue findings of fact and conclusions of law or conduct an evidentiary hearing when dismissing a post-conviction petition as untimely and lacking jurisdiction to consider it.

Questions Presented

1. Whether the trial court properly dismissed Phelps's petition for post-conviction relief as untimely.
2. Whether a trial court must issue findings of fact and conclusions of law when dismissing an untimely post-conviction petition.
3. Whether a trial court must conduct an evidentiary hearing when it lacks jurisdiction to consider an untimely post-conviction petition.

Disposition

affirmed