State of Ohio v. Tyrone R. Johnson

Summary

The Sixth District Court of Appeals of Ohio affirmed the denial of Tyrone R. Johnson’s motion challenging his criminal complaint, pretrial detention, and speedy-trial rights. The court held that the motion was an untimely successive petition for postconviction relief and that Johnson failed to satisfy the statutory exception permitting consideration of such a petition.

Holdings

1. A post-direct-appeal motion seeking vacation or correction of a sentence on the basis of constitutional violations is a petition for postconviction relief under R.C. 2953.21.
2. A trial court lacks subject-matter jurisdiction to adjudicate an untimely or successive postconviction petition unless the petitioner satisfies the statutory exception in R.C. 2953.23.
3. A petitioner cannot invoke R.C. 2953.23(A)(1)(a) without showing that the relevant facts were undiscoverable despite due diligence or that a newly recognized retroactive right applies; facts known before trial do not satisfy that requirement.
4. The trial court did not err by summarily denying Johnson's untimely postconviction petition without a hearing because he failed to satisfy R.C. 2953.23's requirements.

Questions Presented

1. Whether Johnson's motion challenging the criminal complaint, pretrial detention, and speedy-trial rights was an untimely or successive petition for postconviction relief.
2. Whether Johnson satisfied the exception in R.C. 2953.23(A)(1) permitting consideration of an untimely postconviction petition.
3. Whether the trial court erred by summarily denying the petition without holding a hearing.

Disposition

affirmed