STATE v. EVERETTE

C.A. No. 23585.

2011 Ohio 4663

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

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

Rendered on September 16, 2011.


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 Institution, 5787 Route 63, P. O. Box 120, Lebanon, Ohio 45036, Defendant-Appellant.

Jeremy J. Masters , Atty. Reg. No. 0079587, Assistant State Public Defender, 250 East 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 without a hearing. For the following reasons, the trial court's judgment will be affirmed.

I

{¶ 2} In June 2008, Everette was convicted after a jury trial of two counts of aggravated murder, aggravated...

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