State v. Hardin

Summary

The Sixth District Court of Appeals of Ohio affirmed the Lucas County Court of Common Pleas’ denial of Shawnte Hardin’s petition for post-conviction relief without an evidentiary hearing. The court held that Hardin’s claims were either barred by res judicata or unsupported by sufficient operative facts, that ineffective assistance claims do not apply to post-conviction counsel, and that issues raised for the first time on appeal were waived.

Holdings

1. A petitioner is not entitled to an evidentiary hearing when the petition, affidavits, documentary evidence, files, and records do not set forth sufficient operative facts establishing substantive grounds for relief.
2. Res judicata bars a post-conviction claim that was raised or could have been raised at trial or on direct appeal, unless evidence outside the record demonstrates that the claim could not previously have been appealed.
3. The Sixth Amendment right to effective assistance of counsel does not extend to civil post-conviction proceedings, and Ohio Revised Code section 2953.21(J)(2) expressly precludes relief based on ineffective or incompetent post-conviction counsel.
4. An appellate court will not consider issues raised for the first time on appeal from a post-conviction judgment; failure to raise the issues in the trial court waives them on appeal.

Questions Presented

1. Whether the trial court abused its discretion by denying Hardin's post-conviction petition without an evidentiary hearing.
2. Whether Hardin presented sufficient operative facts and evidentiary material to establish substantive grounds for post-conviction relief based on ineffective assistance of trial counsel.
3. Whether res judicata barred some or all of Hardin's post-conviction claims.
4. Whether Hardin could obtain relief based on alleged ineffective assistance of post-conviction counsel.
5. Whether the appellate court could consider claims concerning the original trial that Hardin raised for the first time on appeal from the post-conviction judgment.

Disposition

affirmed