STATE v. EVERETTE

C.A. No. 23585.

2010 Ohio 2832

State of Ohio, Plaintiff-Appellee, v. Thomas E. Everette, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on June 18, 2010.


Attorney(s) appearing for the Case

Michele D. Phipps, Atty. Reg. No. 0069829, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Thomas E. Everette, Jr., #579590, Warren Correctional Institute, P. O. Box 120, Lebanon, Ohio 45036, Defendant-Appellant.

Jeremy J. Masters, Office of the Ohio Public Defender, 250 E. Broad Street, Suite 1400, Columbus, Ohio 43215, Attorney for Amicus Curiae, Ohio Public Defender.


OPINION

FROELICH, J.

{¶ 1} Thomas E. Everette, Jr., appeals, pro se, from a judgment of the Montgomery County Court of Common Pleas, which dismissed his petition for post-conviction relief as untimely.

{¶ 2} Everette appeals from the dismissal of his petition for post-conviction relief. The Office of the Ohio Public Defender has submitted an amicus curiae brief in support of Everette's position...

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