State v. Jackson

The sole issue of law presented herein is whether the trial court properly dismissed the appellee’s petition for post-conviction relief on the allegation of ineffective assistance of counsel without conducting an evidentiary hearing.

The statutory framework for determining whether a hearing is necessary for post-conviction actions is set forth in R. C. 2953.21. In pertinent part, R. C. 2953.21 reads as follows:

“(A)*** The petitioner may file such supporting affidavit and other documentary evidence as will support his claim for relief.

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“(C) Before granting a hearing the court shall…