State v. Robinson

Summary

The Fourth District Court of Appeals of Ohio held that William J. Robinson’s petition for postconviction relief was timely because it was filed within 365 days after the transcript was filed in his delayed direct appeal. The court reversed and remanded because the trial court dismissed the petition without making the findings of fact and conclusions of law required by R.C. 2953.21(D); the issue of an evidentiary hearing was deemed moot.

Holdings

1. A delayed appeal constitutes a direct appeal for purposes of calculating the 365-day filing period under R.C. 2953.21(A)(2)(a), and Robinson's petition was timely because it was filed within 365 days after the transcript was filed in the delayed appeal.
2. When a trial court dismisses a timely postconviction-relief petition, it must make and file findings of fact and conclusions of law addressing the dismissal.
3. The evidentiary-hearing issue was moot because the absence of findings of fact and conclusions of law prevented appellate review of the trial court's dismissal.

Questions Presented

1. Whether Robinson's postconviction-relief petition under R.C. 2953.21 was timely when filed within 365 days after the transcript was filed in his delayed direct appeal.
2. Whether the trial court was required to issue findings of fact and conclusions of law when dismissing the timely petition.
3. Whether Robinson was entitled to an evidentiary hearing on the postconviction petition.

Disposition

reversed_and_remanded