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STATE v. HARDEN

C.A. No. 23617.

2010 Ohio 3343

State of Ohio, Plaintiff-Appellee, v. Dorrian A. Harden, Defendant-Appellant.

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

Rendered on July 16, 2010.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Kirsten A. Brandt, Asst. Pros Attorney, Atty. Reg. No. 0070162, P.O. Box 972, Dayton, OH 45422, Attorneys for Plaintiff-Appellee.

Dorrian A. Harden, No. A596-987, Lebanon Correctional Institution, P.O. Box 56, Lebanon, OH 45036, Defendant-Appellant, Pro Se.

OPINION

KLINE, J. (By Assignment):

{¶ 1} Dorrian A. Harden appeals the judgment of the trial court, which granted summary judgment in favor of the State and dismissed Harden's petition for post-conviction relief. Without holding an evidentiary hearing, the trial court found that Harden's petition was untimely and, in the alternative, res judicata barred Harden's claim. On appeal, Harden contends that the trial court erred when it failed...

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