01/18/2024
Case Caption | Case No. | Topics and Issues | Author | Citation |
01/18/2024 Case Announcements | Merit decisions with opinions—Motion and procedural rulings. | |||
State v. Johnson | 2022-0488 | Criminal law—Postconviction relief—R.C. 2953.21 and 2953.23—Recantation evidence—Trial court could have no jurisdiction to entertain untimely, successive petition for postconviction relief unless petitioner established (1) that he was unavoidably prevented from timely discovering that victim had doubts about victim’s trial testimony and (2) that he would not have been convicted but for constitutional error at trial—R.C. 2953.23 requires a petitioner to submit evidence of specific facts beyond supporting affidavit’s date to explain why petitioner was unable to timely obtain an affidavit from recanting witness—A conviction based on false testimony is not a constitutional violation unless the state had knowledge of testimony’s falsity—Court of appeals’ judgment affirmed. | Deters, J. | Slip Opinion No. 2024-Ohio-134 |
State ex rel. Jones v. Paschke | 2023-0611 | Prohibition—General division of common pleas court has jurisdiction over appellant’s former mother-in-law’s complaint seeking companionship and visitation with appellant’s child under R.C. 3109.11—Appellant has adequate remedy in ordinary course of law by appeal to challenge appointment of guardian ad litem in former mother-in-law’s case—Court of appeals’ judgment denying petition affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-135 |