State v. Jackson

I must dissent because the hearing judge’s sua sponte dismissal of appellee’s petition for post-judgment relief without a hearing is neither consistent with the requirements of R. C. 2953.21 nor with State v. Milanovich (1975), 42 Ohio St. 2d 46, and its progeny.

Herein, main trial counsel, by way of affidavit, informed the hearing judge that because he was appointed defense counsel only four days prior to the date trial commenced, he had “virtually no time* * * to do independent investigation, talk to the prosecution witness***or determine a trial strategy”; that he had “no time* * * to…