Topic: where a criminal defendant, subsequent to his or her direct… · Go Syfert
← All topics

Topic #1495

8 canonical passages across 8 cases, quoted by 308 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Reynolds.

#Case FlagCanonical passage Citers
1 State v. Reynolds Anchor
ohio · 1997
green “where a criminal defendant, subsequent to his or her direct appeal, files a motion seeking vacation or correction of his or her sentence on the basis that his or her constitutional rights have been violated, such a motion is a petition for postconviction relief as defined in r.c…” 147
2 State v. Schlee
ohio · 2008
green “into whatever category necessary to identify and establish the criteria by which the motion should be judged.” 78
3 State v. Szefcyk
ohio · 1996
green “res judicata is applicable in all postconviction relief proceedings.” 33
4 State v. Steffen
ohio · 1994
green “postconviction review is a narrow remedy, since res judicata bars any claim that was or could have been raised at trial or on direct appeal.” 25
5 State v. Johnson
ohio · 2010
yellow “whether it is possible to commit one offense and commit the other with the same conduct.” 12
6 State ex rel. George v. Burnside
ohio · 2008
neutral “has no duty to issue findings of fact and conclusions of law on successive or untimely petitions for postconviction relief.” 8
7 State v. Fryer
ohioctapp · 2018
green “did not conclusively define the nature of the pleading.” 3
8 State v. Davis
ohioctapp · 2015
neutral “a vaguely titled motion, including a motion to correct or vacate a judgment or sentence, may be construed as a petition for post-conviction relief under r.c. 2953.21(a)(1) where (1) the motion was filed subsequent to a direct appeal, (2) claimed a denial of constitutional rights…” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check