FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, November 15, 2024

CAPTION: STATE V. HARRIS

APPEAL NOS.: C-240105, C-240106, C-240107

TRIAL NOS.: B-2101366, B-2101872, B-2102489

KEY WORDS: POSTCONVICTION — INEFFECTIVE ASSISTANCE OF COUNSEL — EVIDENTIARY HEARING — RES JUDICATA — SPEEDY TRIAL — INTERSTATE AGREEMENT ON DETAINERS

SUMMARY: The common pleas court abused its discretion by denying two timely-filed postconviction claims without first holding an evidentiary hearing: petitioner demonstrated substantive grounds for relief entitling her to a hearing where petitioner presented evidence outside the record raising an issue of ineffective assistance of counsel in failing to investigate and assert speedy-trial claims under the Interstate Agreement on Detainers and the Sixth Amendment to the United States Constitution.

JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED

JUDGES: OPINION by WINKLER, J.; BOCK, P.J., and CROUSE, J., CONCUR.