State v. Cole

In the case at bar, this court is required to address only one issue: whether the court of appeals erred-in affirming the trial court’s dismissal of appellant’s petition for postconviction relief on the basis of res judicata. We find no error and, thus, affirm the appellate court’s decision.

Appellant argues that the principle of res judicata does not bar the assertion of ineffective assistance of counsel in his petition and that he should have been afforded a hearing on his claim. A criminal defendant, seeking to challenge his conviction(s) through a petition for postconviction relief, is…