petitioner who seeks challenge in Ohio

2008R.C. 2953.21 provides, in pertinent part: *Page 5 (A)(1)(a) Any person who has been convicted of a criminal offense * * * 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.* * * {¶ 12} "A petitioner who seeks to challenge his conviction throu

2008R.C. 2953.21 provides, in pertinent part: *Page 5 (A)(1)(a) Any person who has been convicted of a criminal offense * * * 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.* * * {¶ 12} "A petitioner who seeks to challenge his conviction throu

2008State v. Jackson (1980), 64 Ohio St.2d 107 , 110 , 18 O.O.3d 348 , 413 N.E.2d 819 . "[P]ursuant to R.C. 2953.21 (C), a trial court properly denies a defendant's petition for postconviction relief without holding an evidentiary hearing where the petition, the supporting affidavits, the documentary evidence, the files, and the records do not demonstrate that petitioner set forth sufficient *Page 7 operative facts to establish substantive grounds for relief." State v. Calhoun , 86 Ohio St.3d 279 , 291 , 1999-Ohio-102 , 714 N.E.2d 905 .

2008State v. Jackson (1980), 64 Ohio St.2d 107 , 110 , 18 O.O.3d 348 , 413 N.E.2d 819 . "[P]ursuant to R.C. 2953.21 (C), a trial court properly denies a defendant's petition for postconviction relief without holding an evidentiary hearing where the petition, the supporting affidavits, the documentary evidence, the files, and the records do not demonstrate that petitioner set forth sufficient *Page 7 operative facts to establish substantive grounds for relief." State v. Calhoun , 86 Ohio St.3d 279 , 291 , 1999-Ohio-102 , 714 N.E.2d 905 .

2008State v. Jackson (1980), 64 Ohio St.2d 107 , 110 , 18 O.O.3d 348 , 413 N.E.2d 819 . "[P]ursuant to R.C. 2953.21 (C), a trial court properly denies a defendant's petition for postconviction relief without holding an evidentiary hearing where the petition, the supporting affidavits, the documentary evidence, the files, and the records do not demonstrate that petitioner set forth sufficient *Page 7 operative facts to establish substantive grounds for relief." State v. Calhoun , 86 Ohio St.3d 279 , 291 , 1999-Ohio-102 , 714 N.E.2d 905 .

2008R.C. 2953.21 provides, in pertinent part: *Page 5 (A)(1)(a) Any person who has been convicted of a criminal offense * * * 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.* * * {¶ 12} "A petitioner who seeks to challenge his conviction throu

2008Instead, the applicable test is "whether there are substantive grounds for relief that would warrant a hearing based upon the petition, the supporting affidavits, and the files and records in the case." Id., citing State v. Strutton (1988), 62 Ohio App.3d 248 , 251 , 575 N.E.2d 466 , citing Jackson , supra. {¶ 13} When the postconviction relief petition "`alleges grounds for relief, and the record of the original criminal prosecution does not fully rebut the allegations, the petitioner is entitled to an evidentiary hearing in which he is provided an opportunity to prove his allegations.'" Id.

2008Instead, the applicable test is "whether there are substantive grounds for relief that would warrant a hearing based upon the petition, the supporting affidavits, and the files and records in the case." Id., citing State v. Strutton (1988), 62 Ohio App.3d 248 , 251 , 575 N.E.2d 466 , citing Jackson , supra. {¶ 13} When the postconviction relief petition "`alleges grounds for relief, and the record of the original criminal prosecution does not fully rebut the allegations, the petitioner is entitled to an evidentiary hearing in which he is provided an opportunity to prove his allegations.'" Id.