STATE v. DEATON

No. 28120.

137 N.E.3d 696 (2019)

2019-Ohio-2128

STATE of Ohio, Plaintiff-Appellee v. James A. DEATON, Defendant-Appellant.

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

Rendered on May 31, 2019.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by ANDREW T. FRENCH , Atty. Reg. No. 0069384, Assistant Prosecuting Attorney, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

KORT GATTERDAM , Atty. Reg. No. 0040434 and DAVID F. HANSON , Atty. Reg. No. 0059580, 280 Plaza, Suite 1300, 280 North High Street, Columbus, Ohio 43215, Attorneys for Defendant-Appellant.


OPINION

{¶ 1} The trial court dismissed Appellant James Deaton's petition for postconviction relief based upon its conclusion that the petition was not timely filed. The trial court also concluded that the petition, even if timely filed, was barred by the doctrine of res judicata. Deaton's petition was timely...

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