State v. Perry
- Court
- Ohio Supreme Court
- Decided
- May 3, 1967
- Docket
- Nos. 40299, 40300, 40301 and 40302
- Status
- Published
- Jurisdiction
- Ohio
Cited 2,571 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (2 of 3 verified; none is a verified overruling) · State v. Smith
What later courts said
- concluding that issues that could be litigated on direct appeal could not be litigated in state post-conviction relief — Smith v. Anderson (2000)
- holding that res judicata bars a criminal defendant from raising in post-conviction proceedings those claims that could have been raised on direct appeal — Bender v. Warden, London Correctional Institution (2021)
- holding that claims must be raised on direct appeal, if possible, or they will be barred by the doctrine of res judicata. — Carter v. Chillicothe Correctional Institution (2021)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Taft, C. J.
These are appeals from judgments of the Court of Appeals for Cuyahoga County, affirming judgments of the Common Pleas Court, denying petitions for postconviction relief under Section 2953.21 et seq., Revised Code, by prisoners, who are in custody under sentence after conviction and are represented by counsel. In each case, the prisoner was represented by counsel at his trial, on appeal where taken from the judgment of conviction, and, where there was no such appeal, he was so represented until the time for appeal expired.
In denying relief in each case, the Common Pleas Court stated that it had made a “search of the files, transcripts and records of the case” and found “that there was no denial or infringement of the rights of” the prisoner “in any of the several respects claimed in his [or her] petition, so as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States.”
Cite this
State v. Perry, 10 Ohio St. 2d 175 (1967)Read the full opinion
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