Court of Appeals of Ohio, Third District, Auglaize
from Auglaize County Common Pleas Court Trial Court No.
Timothy Workman Appellant
Benjamin R. Elder for Appellee
Although originally placed on our accelerated calendar, we
have elected pursuant to Loc.R. 12(5) to issue a full opinion
in lieu of a summary judgment entry. Defendant-appellant
Timothy S. Workman ("Workman") appeals the judgment
of the Auglaize County Court of Common Pleas, alleging that
the trial court erred in dismissing his petition for
post-conviction relief without an evidentiary hearing. For
the reasons set forth below, the judgment of the trial court
and Procedural History
On October 3, 2014, Workman was found guilty of thirty-nine
counts of illegal use of a minor in nudity-oriented material
in violation of R.C. 2907.323(A)(1), thirty-nine counts of
illegal use of a minor in nudity-oriented material in
violation of R.C. 2907.323(A)(3), and one count of tampering
with evidence in violation of R.C. 2921.12(A)(1). Doc.
202-280. Workman was sentenced to an aggregate forty-year
prison term. Doc. 368. He filed his direct appeal on March 9,
2015. Doc. 381. On December 7, 2015, this Court affirmed his
conviction. Doc. 424. State v. Workman, 3d Dist.
Auglaize No. 2-15-05, 2015-Ohio-5049.
Since his conviction was affirmed by this Court, Workman has
filed numerous motions relative to his conviction with the
trial court. Workman filed a motion for a Franks hearing on
April 8, 2015 and February 16, 2016. Doc. 394, 446. The trial
court subsequently denied both of these motions. Doc. 402,
448. He appealed the denial of one of these motions. Doc.
479. This Court then affirmed the decision of the trial
court. Doc. 502.
Workman has filed a motion for a new trial on August 12,
2016; December 12, 2016; November 3, 2017; and February 22,
2018. Doc. 512, 533, 577, 599. On March 18, 2018, Workman
filed a motion for leave to file a motion for a new trial.
Doc. 603. The trial court subsequently denied each of these
motions. Doc. 530, 549, 585, 600, 607. Workman then appealed
the denial of two of these motions. Doc. 588, 610. In both of
these appeals, this Court affirmed the decision of the trial
court. Doc. 606, 646.
Workman has also filed a petition for postconviction relief
on September 16, 2015; on April 10, 2017; on May 17, 2018; on
September 24, 2018; and on June 20, 2019. Doc. 414, 553, 618,
648, 672. The trial court subsequently dismissed or denied
each of these petitions. Doc. 441, 558, 627, 653, 681.
Workman then appealed the trial court's disposition of
each of these petitions. Doc. 463, 561, 630, 657, 684. This
Court has, on appeal, affirmed the trial court's decision
regarding each of the prior petitions. Doc. 502, 575, 665,
667, State v. Workman, 3d Dist. Auglaize No.
2-19-07, unreported judgment entry (Dec. 16, 2019).
On August 12, 2019, Workman filed a successive petition for
postconviction relief that requested an evidentiary hearing.
Doc. 690. The trial court dismissed Workman's petition on
August 12, 2019, concluding that it lacked jurisdiction to
entertain Workman's petition. Doc. 695. The appellant
filed his notice of appeal on August 22, 2019. Docket 2: 1.
On appeal, Workman raises the following assignments of error:
First Assignment of Error
The trial court abused its discretion when it
dismissed Workman's Petition for Post Conviction
[Relief], when the record shows that Workman was unavoidably
prevented from ...