State v. Dowell

Summary

The Ohio Court of Appeals, Second Appellate District, affirmed the denial without a hearing of Anthony C. Dowell’s petitions for post-conviction relief. The court held that his ineffective-assistance, witness-misconduct, and prosecutorial-misconduct claims were barred by res judicata because they were based on matters known or available during trial and direct appeal.

Holdings

1. Dowell's seven ineffective-assistance claims were barred by res judicata because they could and should have been raised in his direct appeal, and he did not present evidence outside the trial record or newly discovered evidence supporting them.
2. The witness-misconduct and prosecutorial-misconduct claims in Dowell's amended petition were barred by res judicata because the supporting discovery materials were known to him before trial and could have been used on direct appeal.
3. The trial court did not abuse its discretion by denying Dowell's petitions without an evidentiary hearing because the petitions, affidavits, documentary evidence, files, and records did not demonstrate substantive grounds for post-conviction relief.

Questions Presented

1. Whether Dowell's ineffective-assistance claims in his post-conviction petition were barred by res judicata because they could have been raised on direct appeal.
2. Whether the witness-misconduct and prosecutorial-misconduct claims in the amended petition were barred by res judicata because the supporting materials were known and available before trial and on direct appeal.
3. Whether the trial court abused its discretion by denying the original and amended post-conviction petitions without an evidentiary hearing.

Disposition

affirmed