State v. Flenner

Summary

The Ohio Eleventh District Court of Appeals affirmed the dismissal without a hearing of Cecil Lee Flenner’s postconviction relief petition. The court held that Flenner failed to present sufficient operative facts or supporting evidence establishing ineffective assistance of counsel or substantive grounds for relief, and therefore did not address his res judicata argument.

Holdings

1. A postconviction petitioner is not entitled to an evidentiary hearing unless the petition and supporting materials present sufficient evidence outside the trial record and operative facts that, if believed, would establish substantive grounds for relief.
2. Flenner did not establish substantive grounds for relief because he failed to provide evidence showing that trial counsel's performance fell below an objective standard of reasonable representation or that the alleged deficiency prejudiced him.
3. A petitioner has no constitutional right to expert assistance in an Ohio postconviction proceeding because the proceeding is civil in nature.

Questions Presented

1. Whether the trial court abused its discretion by dismissing Flenner's postconviction-relief petition without an evidentiary hearing.
2. Whether Flenner presented sufficient operative facts and evidence outside the record to establish substantive grounds for postconviction relief based on ineffective assistance of trial counsel.
3. Whether Flenner was constitutionally entitled to expert assistance in the postconviction proceeding.

Disposition

affirmed