State v. Lordi

DeGenaro, Judge.

{¶ 1} This matter comes for consideration upon the record in the trial court and the parties’ briefs. Appellant Frank Lordi appeals from the judgment of the Mahoning County Court of Common Pleas dismissing his untimely petition for post-conviction relief, his motion seeking to declare the post-conviction relief statute unconstitutional, and his second motion for a new trial. The issues we must resolve are (1) whether Lordi was unavoidably prevented from discovering the information upon which he bases his untimely petition for post-conviction relief, and (2) whether R.C.…