State v. Beaver

Nader, Judge.

Appellant, Richard Darnell Beaver, was originally tried for murder. The jury was instructed on both murder and felonious assault. The first jury acquitted Beaver of the murder charge but could not reach a verdict as to the felonious assault charge. Beaver was re-tried on the felonious assault charge, whereupon a second jury convicted him on October 16, 1995. He was sentenced the next day to the maximum penalty allowed by law, and on direct appeal we affirmed. State v. Beaver (1997), 119 Ohio App.3d 385, 695 N.E.2d 332.

One year to the day after his conviction, Beaver filed a pro…