149 Ohio App. 3d 93 - State v. Dean’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “{¶ 10} Pursuant to R.C. 2953.21 , a defendant is entitled to postconviction relief only upon a showing of a violation of constitutional dimension that occurred at the time that the defendant was tried and convicted. State v. Powell (1993), 90 Ohio App.3d 260 , 264 , 629 N.E.2d 13 , 16 . * * * Ohio law is clear that discovery is not available in the initial stages of postconviction proceedings. State v. Mason (Oct. 03, 2001), Ashland App. No. 01COA01423 , 2001 WL 1913877 , citing State v. Byrd (2001), 145 Ohio App.3d 318 , 762 N.E.2d 1043 . As noted by this court in State v. Sherman (Oct. 30, 2000), Licking App. No. 00CA39, 2000 WL 1634067 : "A petition for postconviction relief is a civil proceeding. State v. Milanovich (1975), 42 Ohio St.2d 46 [ 325 N.E.2d 540 ]. However, the procedure to be followed ruling on such a petition is established by R.C. 2953.21 * * * Further, the extent of the trial court's jurisdiction [to grant requests for discovery] is set forth by R.C. 2953.21 , and the power to conduct and compel discovery under the Civil rules is not included within the court's statutorily defined authority. State v. Lundgren (Dec. 18, 1998), Lake App. No. 97-L-110, unreported [ 1998 WL 964592 ]." Accordingly, since, based on the foregoing, the trial court lacks jurisdiction to grant discovery motions that are filed after conviction, appellant's argument for DNA testing fails.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Dooley v. Trial Court, Unpublished Decision (1-23-2007)

2. “fails to fall within the purview of the limited type of claims allowable under R.C. 2953.21 — constitutional deprivations that occurred at trial.”

   1 later decision quote this exact passage
   e.g. State v. Tiedjen, Unpublished Decision (9-22-2005)

3. “the power to conduct and compel discovery under the civil rules is not included within the trial court's statutorily defined authority.”

   1 later decision quote this exact passage
   e.g. State v. Hutton, Unpublished Decision (7-15-2004)