State v. Kenney

Summary

The Sixth District Court of Appeals of Ohio affirmed the denial of Maurice D. Kenney’s motion to vacate his judgment, which the trial court properly treated as an untimely petition for postconviction relief. The court held that Kenney failed to demonstrate that he was unavoidably prevented from discovering the facts supporting his claims, and therefore the trial court lacked jurisdiction to consider the petition’s merits; his remaining assignments of error were moot.

Holdings

1. A motion to vacate filed after the time for a direct appeal has expired is properly recast as a petition for postconviction relief.
2. An untimely petition for postconviction relief may be considered only if the petitioner satisfies both requirements in R.C. 2953.23(A)(1): unavoidable prevention from discovering the supporting facts and clear and convincing evidence that, absent constitutional error, no reasonable factfinder would have found the petitioner guilty.
3. An appellate court limits its review to issues actually decided by the trial court; issues not presented to or decided by the trial court are not properly before the appellate court.

Questions Presented

1. Whether Kenney's post-judgment motion to vacate a void judgment was properly treated as a petition for postconviction relief.
2. Whether the untimely postconviction petition satisfied the statutory requirements for a delayed petition under R.C. 2953.23(A)(1).
3. Whether arguments concerning carrying a concealed weapon, a no-contest plea, insufficient evidence, and ineffective assistance were properly before the appellate court when they were not decided by the trial court.

Disposition

affirmed