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State v. Murrell

Court of Appeals of Ohio, First District, Hamilton County
Feb 25, 2004
No. C-030493 (Ohio Ct. App. Feb. 25, 2004)

Opinion

No. C-030493.

February 25, 2004

Trial No. B-0107696.


JUDGMENT ENTRY.

These consolidated appeals are considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, and this Judgment Entry shall not be considered an Opinion of the Court pursuant to S.Ct.R.Rep.Op. 3(A).

We overrule the appellant's sole assignment of error, in which he challenges the denial of his petition for postconviction relief. R.C. 2953.23 precluded the common pleas court from entertaining the appellant's postconviction petition, because the appellant failed to file his petition within the time prescribed under R.C. 2953.21(A)(2), and because the record failed to demonstrate either that the appellant was unavoidably prevented from discovering the facts underlying his claim or that his claim was predicated upon a new or retrospectively applicable federal or state right recognized by the United States Supreme Court since the expiration of the prescribed time.

Therefore, we affirm the judgment of the common pleas court.

Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.

Winkler, P.J., Doan and Hildebrandt, JJ.


Summaries of

State v. Murrell

Court of Appeals of Ohio, First District, Hamilton County
Feb 25, 2004
No. C-030493 (Ohio Ct. App. Feb. 25, 2004)
Case details for

State v. Murrell

Case Details

Full title:State of Ohio, Respondent-Appellee, v. Marvin Murrell, Petitioner-Appellant

Court:Court of Appeals of Ohio, First District, Hamilton County

Date published: Feb 25, 2004

Citations

No. C-030493 (Ohio Ct. App. Feb. 25, 2004)

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