State v. Pankey

The sole issue in this case is whether the trial court should have held an evidentiary hearing before ruling on appellant’s petition for post-conviction relief. We hold that no hearing was required under the facts in this case.

Appellant claims that his counsel’s unfamiliarity with his cause prior to his appearance before the court caused an unintelligent waiver of his rights.

This court recently set forth the test for obtaining a hearing when a petition for post-conviction relief is filed. The *59syllabus, in State v. Jackson (1980), 64 Ohio St. 2d 107, is as follows:

“In a petition for…