Legal Opinion

State v. Hatton, 06ca35 (7-19-2007)

Ohio Court of Appeals

Decided July 19, 2007No. 06CA35PublishedCited by 3 opinions

1Opinion of the Court

DECISION AND JUDGMENT ENTRY

{¶ 1} Martin L. Hatton appeals the Pickaway County Common Pleas Court's dismissal of his petition for post-conviction relief for lack of jurisdiction. The crux of Hatton's argument is that the trial court erred by finding his petition untimely because he failed to show an exception to the 180-day time requirement. Hatton contends that because the United States Supreme Court created a new federal right, and because we can issue a writ of prohibition to the trial judge, he did show an exception and timely filed his petition. Because the federal right in question does…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. State v. FosterOhio Supreme Court · 2006
  5. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976

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3Cited by3 opinions

  1. State v. HattonOhio Court of Appeals · 2013
  2. State v. HattonOhio Court of Appeals · 2021
  3. State v. HattonOhio Court of Appeals · 2014

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