Does Time Limit for Postconviction Relief Petition Run From Filing of Trial Videotape, or Written Transcript?

State of Ohio v. Thomas E. Everette, Jr., Case no. 2010-1325

2nd District Court of Appeals (Montgomery County)

ISSUE: Does the 180-day time limit within which a petition for postconviction relief in a criminal case must be filed begin to run on the date videotapes of the trial court proceedings are received by the court of appeals, or from the date on which a written transcript of the trial court proceedings is received by the court of appeals?

BACKGROUND: In June 2008 Thomas Everette Jr. was convicted in the Montgomery County Court of Common Pleas of aggravated murder, aggravated robbery, grand theft and having weapons while under a disability. He was sentenced to an aggregate term of life in prison with the possibility of parole after 28 years.