State v. King, 2-07-24 (11-26-2007)

OPINION

{¶ 1} Defendant-Appellant, Michael E. King, appeals the judgment of the Auglaize County Court of Common Pleas, dismissing his motion for post-conviction relief On appeal, King asserts that the trial court abused its discretion in dismissing his motion for post-conviction relief as untimely; that the severance remedy in State v. Foster,109 Ohio St.3d 1, 2006-Ohio-856, violates the U.S. Constitution; and, that the due process clause of the U.S. Constitution bars retroactive application of the severance remedy used in Foster because it operates as an ex post facto law. Finding that King's…