Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Pierre Yates, pro se
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Amy Venesile Assistant Prosecuting
BEFORE: Celebrezze, J., Kilbane, P.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
D. CELEBREZZE, JR, JUDGE
Appellant, Pierre Yates, appeals from the denial of his
successive petition for postconviction relief He argues that
amendments to R.C. 2901.09(B) apply retroactively to his case
and should result in the vacation of his conviction for
murder. After a thorough review of the record and law, this
Factual and Procedural History
Appellant was convicted of murder in 2005, for which he
received a prison sentence of 23 years to life. His
conviction and sentence were affirmed by this court in 2006.
State v. Yates, 8th Dist. Cuyahoga No. 86631,
2006-Ohio-3004. Over the intervening years, appellant
filed several petitions for postconviction relief, which were
denied by the trial court.
In July 2016, appellant filed an "amended petition to
vacate or set aside judgment of conviction or sentence under
R.C. 2953.21 and R.C. 2953.23." Appellant argued that
statutory amendments created a retroactive right that should
now be applied to his case. The trial court denied the motion
in a journal entry without exposition.
Appellant then filed the instant appeal, assigning two errors
1. [The] trial court committed constitutional error and
abused its discretion [by] denying a hearing on
[appellant's] petition under R.C. 2953.23 for application
[of] newly amended R.C. 2901.05(B) and R.C. 2901.09(B) when
[a] new federal holding of U.S. Supreme Court gives
retroactive effect [sic] to new substantive rule of
2. No reasonable juror would convict [appellant] of [the]
firearm specification for discharging a firearm from a motor
vehicle under R.C. 2941.146 if [the] jury instruction for
R.C. 2901.09(B) was retroactively given and applied to
[appellant's] sentence and conviction.
Law and Analysis
Successive Petition for ...