Abstract
“A postconviction petition is very difficult to win.” This is especially true in Ohio. Many postconviction petitions are submitted by incarcerated pro se petitioners who draft and file petitions without the assistance of counsel, leaving the doctrine of res judicata free to overwhelm their claims and inhibit future relief. The American Bar Association advises states to impose a right to counsel in postconviction proceedings, and specifically at the early drafting and filing phase of postconviction litigation, to help remedy this issue. Ohio does not follow this suggestion. As a result, petitioners with valid claims of innocence or manifest injustice are unable to attain postconviction relief or achieve justice.
Recommended Citation
Lila Robinson,
A Pervasive Principle and a Proposal for Postconviction Procedures: Res Judicata, Pro Se Petitions, and a Defendant's Right to Counsel in Ohio,
74 Clev. St. L. Rev.
809
(2026)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol74/iss3/11