STATE v. POLING

No. 2012-A-0002.

2012 Ohio 3039

STATE OF OHIO, Plaintiff-Appellee, v. TIMOTHY F. POLING, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

June 29, 2012.


Attorney(s) appearing for the Case

Thomas L. Sartini , Ashtabula County Prosecutor, and Shelley M. Pratt , Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).

Timothy F. Poling , pro se, PID# A554896, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, OH 44430 (Defendant-Appellant).


OPINION

DIANE V. GRENDELL, J.

{¶1} Defendant-appellant, Timothy F. Poling, appeals from the December 22, 2011 Judgment Entry of the Ashtabula County Court of Common Pleas, dismissing Poling's Petition to Vacate or Set Aside Sentence. The issues to be determined by this court are whether a second, successive postconviction petition is barred by res judicata when new evidence is discovered and whether evidence of juror misconduct is admissible...

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