STATE v. THOMAS

No. 95754.

2011 Ohio 2542

State of Ohio, Plaintiff-Appellee, v. Oliver L. Thomas, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: May 26, 2011.


Attorney(s) appearing for the Case

Oliver L. Thomas , Pro Se, Inmate No. 571-936, Grafton Correctional Institution, 2500 South Avon Beldon Road, Grafton, OH 44044, for Appellant.

William D. Mason , Cuyahoga County Prosecutor, T. Allan Regas , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 9th Floor, Cleveland, OH 44113, Attorneys for Appellee.

BEFORE: Stewart, P.J., Sweeney, J., and Jones, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.

{¶ 1} Defendant-appellant, Oliver L. Thomas, appeals from a court order that granted the state of Ohio summary judgment on his second petition for postconviction relief. The court granted summary judgment on jurisdictional grounds, finding that Thomas failed to establish that he had been unavoidably prevented from discovering the facts forming the basis for the claims in the second petition...

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