State v. Peterson, 08 Ma 102 (3-24-2009)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Pro-se Appellant, Thomas Peterson, appeals the decision of the Mahoning County Court of Common Pleas that granted the State's motion for summary judgment and denied Peterson's petition for post-conviction relief as untimely.

{¶ 2} On appeal, Peterson argues that he was denied due process because the court did not allow him adequate time to respond before ruling on the State's motion for summary judgment. Additionally, Peterson claims ineffective assistance of counsel, and asks…