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STATE v. ALLEN

No. 96311.

2011 Ohio 3843

State of Ohio, Plaintiff-Appellee, v. David Jimmie Allen, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: August 4, 2011.

Attorney(s) appearing for the Case

David Jimmie Allen , Pro Se, Inmate No. 542-502, Lorain Correctional Institution, 2075 South Avon Belden Road, Grafton, Ohio 44044, APPELLANT.

William D. Mason , Cuyahoga County Prosecutor, Katherine Mullin , Aaron Brockler , Assistant County Prosecutors, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Blackmon, P.J., Rocco, J., and E. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, P.J.

{¶ 1} Appellant David Jimmie Allen ("Allen") appeals pro se the trial court's denial of his untimely petition for post-conviction relief and assigns the following three errors for our review:

"I. The trial court erred by denying without an evidentiary hearing appellant's postconviction petition alleging ineffective assistance of counsel when appellant had submitted evidentiary...

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