STATE v. GONDOR

Nos. 2005-0329 and 2005-0336.

112 Ohio St.3d 377 (2006)

2006-Ohio-6679

THE STATE OF OHIO, APPELLEE, v. GONDOR, APPELLANT. THE STATE OF OHIO, APPELLEE, v. RESH, APPELLANT.

Supreme Court of Ohio.

Decided December 26, 2006.


Attorney(s) appearing for the Case

Victor V. Vigluicci, Portage County Prosecuting Attorney, and Pamela J. Holder, Assistant Prosecuting Attorney, for appellee in case Nos. 2005-0329 and 2005-0336.

Steven L. Bradley and David F. Hanson, for appellant in case No. 2005-0329.

James D. Owen and Samuel Porter, for appellant in case No. 2005-0336.


PFEIFER, J.

{¶ 1} The question presented in these two cases, consolidated sua sponte, is whether the court of appeals applied the correct standard of review when it reviewed de novo the trial court's judgment granting the appellants' petitions for postconviction relief. We hold that the court of appeals should have applied an abuse-of-discretion standard rather than a de novo standard in reviewing the trial court's decisions on the two...

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