State v. Gordon

Summary

The Ohio Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas’ denial of Michael L. Gordon’s untimely and successive petitions for postconviction relief. The court held that Gordon failed to establish an exception under R.C. 2953.23(A)(1)(a) and that his claims were also barred by res judicata.

Holdings

1. The trial court lacked jurisdiction to entertain Gordon's untimely and successive postconviction-relief petitions because he failed to establish a statutory exception permitting their consideration.
2. Even assuming the trial court possessed jurisdiction, res judicata barred Gordon's arguments because the asserted issues were raised or could have been raised at trial or on direct appeal.
3. The trial court did not err by dismissing Gordon's postconviction-relief petition without holding a hearing.

Questions Presented

1. Whether the trial court had subject-matter jurisdiction to consider Gordon's untimely and successive postconviction-relief petitions.
2. Whether Gordon demonstrated an exception under R.C. 2953.23(A)(1)(a) based on newly discovered facts or a newly recognized retroactive right.
3. Whether res judicata independently barred Gordon's claims.

Disposition

affirmed