State v. Milanovich

This is a case brought under R. C. 2953.21, Ohio’s statutory provision for postconviction determination of constitutional rights. R. C. 2953.21 provides, in part:

“(C) Before granting a hearing the court shall determine whether there are substantive grounds for relief. In making such a determination, the court shall consider, in addition to the petition and supporting affidavits, all the files and records pertaining to the proceedings against the petitioner, including but not limited to the indictment, the court’s journal entries, the journalized records of the clerk of court, and the court…