State v. Mishelek

This court recently held in State v. Milanovich (1975), 42 Ohio St. 2d 46, that “where a claim raised by a petition for posteonviction relief under R. C. 2953.21 is sufficient on its face to raise an issue that petitioner’s conviction is void or voidable on constitutional grounds, and the claim is one which depends upon factual allegations that cannot be determined by examination of the files and records of the case, the petition states a substantive ground for relief,” and is sufficient to warrant an evidentiary hearing.2

Therefore, on authority of, and for the reasons stated *142in, State v.…