State v. Smith

Summary

The Sixth District Court of Appeals of Ohio reversed the Lucas County Court of Common Pleas’ denial of Kenan Smith Jr.’s timely petition for post-conviction relief. The court held that the trial court had jurisdiction to consider the petition despite the pendency of Smith’s direct appeal under R.C. 2953.21(D), and remanded for consideration of the petition. Smith’s motion for a specific remand was denied, and the second assignment of error was deemed moot.

Holdings

1. Under R.C. 2953.21(D), a trial court must consider a timely filed petition for post-conviction relief even when a direct appeal of the judgment is pending; therefore, the trial court erred in finding that it lacked jurisdiction.
2. The second assignment of error was moot because the first assignment required reversal and remand; the court nevertheless noted that a trial court is required to issue findings of fact and conclusions of law when denying a timely petition for post-conviction relief.

Questions Presented

1. Whether a trial court has jurisdiction to consider a timely petition for post-conviction relief while a direct appeal of the judgment is pending.
2. Whether the trial court's failure to issue findings of fact and conclusions of law required reversal.

Disposition

reversed_and_remanded