res judicata precludes a convicted defendant doctrine (Ohio) · Go Syfert
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res judicata precludes a convicted defendant doctrine in Ohio

8 Ohio opinions name it 2 courts 2000–2026 5 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.

Followed or applied (2)

CaseFollowedCited
State v. Perrygreen
ohio · 1967 · cited in 4 Ohio opinions naming this issue, 2013–2024
2 sentences

2024"So a court reviewing a postconviction-relief petition generally may not decide a claim that could have been presented at trial and raised on direct appeal." Blanton, 2022-Ohio-3985 at ¶ 2 , citing State v. Perry, 10 Ohio St.2d 175, 180 (1967).

2024"So a court reviewing a postconviction-relief petition generally may not decide a claim that could have been presented at trial and raised on direct appeal." Blanton, 2022-Ohio-3985 at ¶ 2 , citing State v. Perry, 10 Ohio St.2d 175, 180 (1967).

24
State v. Sturdivantgreen
ohioctapp · 2013 · cited in 1 Ohio opinions naming this issue, 2014–2014
1 sentence

2014Cuyahoga No. 98747, 2013-Ohio-584, ¶ 13 (“The doctrine of res judicata precludes a convicted defendant from raising an issue in a motion for postconviction relief if he or she could have raised the issue on direct appeal.”) Here T.L.’s ineffective assistance of counsel argument does not rely on any extra-record evidence.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Szefcyk green
ohio · 1996
2 sentences

2026“The doctrine of res judicata precludes a convicted defendant ‘from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised’ at trial or on direct appeal.” State v. Hatton, 2022-Ohio-3991, ¶ 22 , quoting State v. Szefcyk, 77 Ohio St.3d 93 (1996), syllabus. {¶8} Except as provided in R.C. 2953.23, a petition for postconviction relief must be filed no later than 365 days after the date on which the trial transcript is filed in the court of appeals where a direct appeal was taken from t

2024"The doctrine of res judicata precludes a convicted defendant 'from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised' at trial or on direct appeal." Hatton, 2022-Ohio-3991 at ¶ 22 , quoting State v. Szefcyk, 77 Ohio St.3d 93 (1996), syllabus.

52000–2026
State v. Hatton green
ohio · 2022
2 sentences

2026“The doctrine of res judicata precludes a convicted defendant ‘from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised’ at trial or on direct appeal.” State v. Hatton, 2022-Ohio-3991, ¶ 22 , quoting State v. Szefcyk, 77 Ohio St.3d 93 (1996), syllabus. {¶8} Except as provided in R.C. 2953.23, a petition for postconviction relief must be filed no later than 365 days after the date on which the trial transcript is filed in the court of appeals where a direct appeal was taken from t

2024"The doctrine of res judicata precludes a convicted defendant 'from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised' at trial or on direct appeal." Hatton, 2022-Ohio-3991 at ¶ 22 , quoting State v. Szefcyk, 77 Ohio St.3d 93 (1996), syllabus.

32024–2026
State v. Blanton green
ohio · 2022
2 sentences

2024"So a court reviewing a postconviction-relief petition generally may not decide a claim that could have been presented at trial and raised on direct appeal." Blanton, 2022-Ohio-3985 at ¶ 2 , citing State v. Perry, 10 Ohio St.2d 175, 180 (1967).

2024"So a court reviewing a postconviction-relief petition generally may not decide a claim that could have been presented at trial and raised on direct appeal." Blanton, 2022-Ohio-3985 at ¶ 2 , citing State v. Perry, 10 Ohio St.2d 175, 180 (1967).

22024–2024

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2953.21 (7) OH § Ohio Rev. Code § 2953.23 (3)

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.

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