State v. Everette

Summary

The Supreme Court of Ohio held that, when both a videotape recording and a certified written transcript of proceedings are available, only the certified written transcript constitutes the relevant transcript under Appellate Rule 9 and Ohio Revised Code 2953.21(A)(2). The court therefore held that the 180-day period for filing a postconviction-relief petition began when the written transcripts were filed, reversed the judgment dismissing Everette’s petition as untimely, and remanded the case.

Holdings

1. When both a videotape recording and a certified written transcript of proceedings are available, only the certified written transcript constitutes the trial transcript or transcript of proceedings for purposes of triggering the 180-day filing period under R.C. 2953.21(A)(2).
2. Everette's petition was timely because the 180-day period began on October 15, 2008, when the certified written transcripts were filed, rather than on August 26, 2008, when the videotapes were filed.

Questions Presented

1. Whether a videotape recording of trial proceedings constitutes the trial transcript under App.R. 9(A) and R.C. 2953.21(A)(2) when a certified written transcript is also available.
2. When the 180-day statutory period for filing a petition for postconviction relief begins to run when both videotaped proceedings and certified written transcripts have been filed.

Disposition

reversed_and_remanded