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65 Ohio opinions name it 2 courts 1996–2025 11 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Calhoungreen2 sentences2025Relevant here is R.C. 2953.21(A)(1)(a)(i), which states that “[a]ny person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person’s rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States” “may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief[.]” {¶15} “A criminal defendant seeking to 2025Relevant here is R.C. 2953.21(A)(1)(a)(i), which provides as follows: (A)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief: Pickaway App. No. 24CA26 7 (i) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constit | 9 | 39 |
State v. Colegreen2 sentences2020(F) Unless the petition and the files and records of the case show the petitioner is not entitled to relief, the court shall proceed to a prompt hearing on the issues even if a direct appeal of the case is pending. * * * (H) If the court does not find grounds for granting relief, it shall make and file findings of fact and conclusions of law and shall enter judgment denying relief on the petition. * * * 5 {¶15} “According to the postconviction relief statute, a criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a 2019Accordingly, "a criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing." State v. Calhoun, 86 Ohio St.3d 279, 282 (1999), citing State v. Cole, 2 Ohio St.3d 112 (1982). | 6 | 46 |
State v. Ludwickgreen2 sentences2025Relevant here is R.C. 2953.21(A)(1)(a)(i), which states that “[a]ny person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person’s rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States” “may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief[.]” {¶15} “A criminal defendant seeking to 2025Relevant here is R.C. 2953.21(A)(1)(a)(i), which provides as follows: (A)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief: Pickaway App. No. 24CA26 7 (i) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constit | 2 | 2 |
State v. Barrongreen2 sentences2025R.C. 2953.21 “provides three methods for adjudicating the petition.” State v. Barron, 2023-Ohio-1249, ¶ 9 (12th Dist.). “[T]he trial court may (1) summarily dismiss the petition without holding an evidentiary hearing, (2) grant summary judgment on the petition to either party who moved for summary judgment, or (3) hold an evidentiary hearing on the issues raised by the petition.” Id., citing R.C. 2953.21(D)-(F). {¶16} Before granting a hearing, the court “shall determine whether there are substantive grounds for relief.” R.C. 2953.21(D). 2025R.C. 2953.21 “provides three methods for adjudicating the petition.” State v. Barron, 2023-Ohio-1249, ¶ 9 (12th Dist.). [T]he trial court may (1) summarily dismiss the petition without holding an evidentiary hearing, (2) grant summary judgment on the petition to either party who moved for summary judgment, or (3) hold an evidentiary hearing on the issues raised by the petition. | 2 | 2 |
State v. Calhoungreen2 sentences2011See R.C. 2953.21(A)(1); State v. Calhoun, 86 Ohio St.3d 279 , 283, 1999-Ohio-102 . {¶10} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing. 2009Even if his allegations were *Page 3 conclusory, Lenoir claims he was entitled to a hearing to flesh them out. {¶ 10} Under R.C. 2953.21 , "a criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing." State v. Calhoun , 86 Ohio St.3d 279 , 282 , 1999-Ohio-102 , citing State v. Cole (1982), 2 Ohio St.3d 112 . | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Apanovitch (Slip Opinion)
green
2 sentences2023“This means that any right to postconviction relief must arise from the statutory scheme enacted by the General Assembly.” State v. Apanovitch, 155 Ohio St.3d 358 , 2018-Ohio-4744 , 121 N.E.3d 351, ¶ 35 . {¶15} A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. 2023“This means that any right to postconviction relief must arise from the statutory scheme enacted by the General Assembly.” State v. Apanovitch, 155 Ohio St.3d 358 , 2018-Ohio-4744 , 121 N.E.3d 351, ¶ 35 . {¶15} A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. | 3 | 2019–2023 |
State v. Jackson
green
2 sentences2022Scioto App. No. 22CA3978 6 {¶16} “In a petition for post-conviction relief, which asserts ineffective assistance of counsel, the petitioner bears the initial burden to submit evidentiary documents containing sufficient operative facts to demonstrate the lack of competent counsel and that the defense was prejudiced by counsel's ineffectiveness.” State v. Jackson, 64 Ohio St. 2d 107 , 413 N.E.2d 819 (1980) at the syllabus. {¶17} “A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing.” State v. J 2022Scioto App. No. 22CA3978 6 {¶16} “In a petition for post-conviction relief, which asserts ineffective assistance of counsel, the petitioner bears the initial burden to submit evidentiary documents containing sufficient operative facts to demonstrate the lack of competent counsel and that the defense was prejudiced by counsel's ineffectiveness.” State v. Jackson, 64 Ohio St. 2d 107 , 413 N.E.2d 819 (1980) at the syllabus. {¶17} “A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing.” State v. J | 3 | 1996–2022 |
Pons v. Ohio State Medical Board
green
2 sentences2009Bd. (1993), 66 Ohio St.3d 619 , 621 . {¶ 9} A criminal defendant seeking to challenge his conviction through a petition for post-conviction relief is not automatically entitled to a hearing. 2006Bd. (1993), 66 Ohio St.3d 619 , 621 . {¶ 19} A criminal defendant seeking to challenge his conviction through a petition for post-conviction relief is not automatically entitled to a hearing. | 2 | 2006–2009 |
State v. Burke
neutral
1 sentence2023Trumbull No. 2020-T-0013, 2020-Ohio-5474, ¶ 15 , quoting Calhoun at 282, citing State v. Cole, 2 Ohio St.3d 112 , 443 N.E.2d 169 (1982). “‘Before granting an evidentiary hearing on the petition, the trial court shall determine whether there are substantive grounds for relief[.]’” (Emphasis omitted.) Burke at ¶ 15, quoting Calhoun at 282-283 . {¶17} R.C. 2953.21, Ohio’s postconviction relief statute, states, in pertinent part: (A)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the c | 1 | 2023–2023 |
Darby v. A-Best Products Co.
green
2 sentences2020Co., 102 Ohio St.3d 410 , 2004-Ohio-3720 , 811 N.E.2d 1117, ¶ 13 . {¶ 18} A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. 2020Co., 102 Ohio St.3d 410 , 2004-Ohio-3720 , 811 N.E.2d 1117, ¶ 13 . {¶ 18} A criminal defendant seeking to challenge a conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. | 1 | 2020–2020 |
State v. Milanovich
green
2 sentences2017State v. Milanovich, 42 Ohio St.2d 46, 50 , 325 N.E.2d 540 (1975). {¶11} Under R.C. 2953.21, a criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing. 2017State v. Milanovich, 42 Ohio St.2d 46, 50 , 325 N.E.2d 540 (1975). {¶11} Under R.C. 2953.21, a criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing. | 1 | 2017–2017 |
In re H.V.
green
2 sentences2016V., 138 Ohio St.3d 408 , 2014-Ohio-812 , 7 N.E.3d 1173, ¶ 8 . {¶13} A criminal defendant seeking to challenge a conviction through a petition for post-conviction relief is not automatically entitled to an evidentiary hearing. 2016V., 138 Ohio St.3d 408 , 2014-Ohio-812 , 7 N.E.3d 1173, ¶ 8 . {¶13} A criminal defendant seeking to challenge a conviction through a petition for post-conviction relief is not automatically entitled to an evidentiary hearing. | 1 | 2016–2016 |
Cullen v. State Farm Mutual Automobile Insurance
green
2 sentences2016Co., 137 Ohio St.3d 373 , 2013-Ohio-4733 , 999 N.E.2d 614, ¶ 19 . {¶10} A criminal defendant seeking to challenge the conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. 2016Co., 137 Ohio St.3d 373 , 2013-Ohio-4733 , 999 N.E.2d 614, ¶ 19 . {¶10} A criminal defendant seeking to challenge the conviction through a petition for postconviction relief is not automatically entitled to an evidentiary hearing. | 1 | 2016–2016 |
State v. Gapen, Unpublished Decision (1-31-2005)
green
1 sentence2016First, the trial court must determine whether there are substantive grounds for relief, i.e., “whether there are grounds to believe that ‘there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States.’ ” Id. at 283, -12- quoting R.C. 2953.21(A)(1). * * * The post-conviction relief statute imposes on a petitioner “the initial burden to submit evidentiary documents containing operative facts sufficient to demonstrate substantive grounds for relief that merit a hearing.” State v. Gapen | 1 | 2016–2016 |
State v. Perry
green
1 sentence2004State v. Perry (1967), 10 Ohio St.2d 175 . {¶ 13} A criminal defendant seeking to challenge his conviction through a petition for post-conviction relief is not automatically entitled to a hearing. | 1 | 2004–2004 |
State v. Adams
green
2 sentences2003State v. Adams (1980), 62 Ohio St.2d 151 , 157 , 16 O.O.3d 169, 172-173 , 404 N.E.2d 144 , 148-149 ; State v. Keenan (1998), 81 Ohio St.3d 133 , 137 , 689 N.E.2d 929 , 937." {¶ 24} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing to review the petition. 2003State v. Adams (1980), 62 Ohio St.2d 151 , 157 , 16 O.O.3d 169, 172-173 , 404 N.E.2d 144 , 148-149 ; State v. Keenan (1998), 81 Ohio St.3d 133 , 137 , 689 N.E.2d 929 , 937." {¶ 24} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing to review the petition. | 1 | 2003–2003 |
State v. Keenan
green
2 sentences2003State v. Adams (1980), 62 Ohio St.2d 151 , 157 , 16 O.O.3d 169, 172-173 , 404 N.E.2d 144 , 148-149 ; State v. Keenan (1998), 81 Ohio St.3d 133 , 137 , 689 N.E.2d 929 , 937." {¶ 24} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing to review the petition. 2003State v. Adams (1980), 62 Ohio St.2d 151 , 157 , 16 O.O.3d 169, 172-173 , 404 N.E.2d 144 , 148-149 ; State v. Keenan (1998), 81 Ohio St.3d 133 , 137 , 689 N.E.2d 929 , 937." {¶ 24} A criminal defendant seeking to challenge his conviction through a petition for postconviction relief is not automatically entitled to a hearing to review the petition. | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.