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State of Ohio v. David Keeley

February 5, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
DAVID KEELEY, DEFENDANT-APPELLANT.



CRIMINAL APPEAL FROM COMMON PLEAS COURT

The opinion of the court was delivered by: Abele, J.

Cite as State v. Keeley,

DECISION AND JUDGMENT ENTRY

{¶1} This is an appeal from a Washington County Common Pleas Court judgment that denied a petition "to vacate or set aside Judgment of Conviction or Sentence" filed by David Keeley, petitioner below and appellant herein. Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:

"THE TRIAL COURT VIOLATED THE APPELLANT'S RIGHTS WITH IT'S [sic] BLANKET DENIAL OF 'RES JUDICATA' ON HIS POST-CONVICTION RELIEF PETITION (R.C. 2953.21) FOR ASSIGNMENTS OF ERROR 1, 2, 7, 8, 9, 10, 12, 13 AND 15 WHICH COVERED VIOLATIONS OF THE FOURTH, FIFTH, SIXTH AND FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION." SECOND ASSIGNMENT OF ERROR:

"THE TRIAL COURT VIOLATED THE APPELLANTS [sic] RIGHTS WITH IT'S [sic] BLANKET DENIAL OF 'NOT SUPPORTED BY EVIDENCE' ON HIS POST-CONVICTION RELIEF PETITION (R.C. 2953.21) FOR ASSIGNMENTS OF ERROR 3, 4, 5, 6, 11 AND 14 WHICH COVERED VIOLATIONS OF THE FOURTH, FIFTH, SIXTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION."

THIRD ASSIGNMENT OF ERROR:

"THE TRIAL COURT VIOLATED THE APPELLANTS [sic] RIGHTS WHEN IT GRANTED 'SUMMARY JUDGMENT' IN THE STATES [sic] FAVOR."

FOURTH ASSIGNMENT OF ERROR:

"THE TRIAL COURT VIOLATED THE APPELLANTS [sic] RIGHTS WHEN IT DENIED THE APPELLANTS [sic] POST-CONVICTION RELIEF PETITION WITHOUT FILING FINDINGS OF FACT AND CONCLUSIONS OF LAW."

{¶2} In 2011, a jury found appellant guilty of (1) two counts of rape in violation of R.C. 2902.02(A)(1)(c)&(B), and (2) three counts of gross sexual imposition in violation of R.C. 2907.05(A)(5)&(B). The trial court sentenced appellant to serve an aggregate term of seven years in prison. On December 5, 2011, while appellant's first appeal of right was pending in this Court, he filed the instant petition for post-conviction relief in the trial court.

{ΒΆ3} Subsequently, the prosecution requested summary judgment pursuant to R.C. 2953.21(D). The trial court granted the State's motion. Six months later, on August 12, 2012, we affirmed appellant's conviction. See State v. Keeley, Washington App. ...


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