Topic: where the petition, the supporting affidavits, the document… · Go Syfert
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Topic #1980

10 canonical passages across 8 cases, quoted by 145 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. Calhoun.

#Case FlagCanonical passage Citers
1 State v. Calhoun Anchor
ohio · 1999
green “where the petition, the supporting affidavits, the documentary evidence, the files, and the records do not demonstrate that petitioner set forth sufficient operative facts to establish substantive grounds for relief.” 34
2 State v. Collins
ohioctapp · 2013
green “pursuant to the doctrine of res judicata, a valid final judgment on the merits bars all subsequent actions based on any claim arising out of the transaction or occurrence that was the subject matter of the previous action.” 28
3 State v. Steffen
ohio · 1994
green “a post-conviction proceeding is not an appeal of a criminal conviction, but, rather, a collateral civil attack on the judgment.” 18
4 State v. Steffen
ohio · 1994
green “a postconviction proceeding is not an appeal of a criminal conviction, but, rather, a collateral civil attack on the judgment.” 15
5 State v. Calhoun
ohio · 1999
green “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 opera…” 15
6 State v. Jackson
ohio · 1980
green “not expressly mandate a hearing for every post-conviction relief petition and, therefore, a hearing is not automatically required.” 13
7 State v. Howard
ohioctapp · 2014
green “the term 'abuse of discretion' has been defined as a decision that is unreasonable, arbitrary, or unconscionable.” 11
8 State v. Perkins
ohioctapp · 2014
green “any person who has been convicted of a criminal offense 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.” 4
9 State v. Apanovitch (Slip Opinion)
ohio · 2018
green “this means that any right to postconviction relief must arise from the statutory scheme enacted by the general assembly.” 4
10 State v. Pierce
ohioctapp · 1998
green “for purposes of determining whether there are substantive grounds for postconviction relief that would warrant a hearing, it is generally accepted that affidavits presented in support of the petition should be accepted as true.” 3

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.

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