State v. Robinson

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Court of Common Pleas' denial of Jackie Robinson's motion to vacate his indictment. The court held that the motion was properly construed as an untimely petition for post-conviction relief and that Robinson failed to satisfy the statutory exceptions permitting review of an untimely petition.

Holdings

1. A vaguely titled motion filed after the time for direct appeal, alleging constitutional violations and seeking to vacate a judgment or sentence, may be treated as a petition for post-conviction relief. Robinson's motion was properly construed that way.
2. Robinson's May 2, 2025 petition was untimely because he did not file a direct appeal from his 1976 conviction and filed the petition decades after the expiration of the time for filing an appeal.
3. The trial court lacked authority to entertain Robinson's untimely petition because he did not satisfy either statutory prerequisite under R.C. 2953.23(A)(1)(a) and (b).

Questions Presented

1. Whether the trial court properly treated Robinson's motion to vacate a facially valid indictment as a petition for post-conviction relief.
2. Whether the petition was timely under R.C. 2953.21(A)(2)(a).
3. Whether Robinson satisfied the statutory exceptions permitting a court to entertain an untimely or successive post-conviction petition under R.C. 2953.23(A)(1).

Disposition

affirmed