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State ex rel. Carrion v. Harris

The State, ex rel. Carrion v. Harris, Judge

State ex rel. Carrion v. Harris, 530 N.E.2d 1330 (Ohio 1988)
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Court
Ohio Supreme Court · State Highest Courts
Decided
November 30, 1988
Docket
No. 88-861
Judges
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
Citations
530 N.E.2d 133040 Ohio St. 3d 191988 Ohio LEXIS 382

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The court of appeals held that the trial court did issue findings of fact and conclusions of law. We agree. The journal entry in question states:

“Request for hearing denied. Petition for post-conviction relief denied on the basis of res judicata; see State v. Wilcox (1984), 16 Ohio App. 3d 273 [16 OBR 298, 475 N.E. 2d 516 ]. All of the issues in Defendant’s petition were or could have been raised in Defendant’s direct appeal wherein the Court of Appeals found that the Defendant understood the consequences of his plea; see C.A. #3958.”

In State v. Lester (1975), 41 Ohio St. 2d 51 , 70 O.O. 2d 150, 322 N.E. 2d 656 , paragraph two of the syllabus, we held that findings of fact and conclusions of law are mandatory under R.C. 2953.21 if the trial court dismisses the petition. In State v. Mapson (1982), 1 Ohio St. 3d 217, 219 , 1 OBR 240, 242, 438 N.E. 2d 910, 912 , we stated:

“* * * The obvious reasons for requiring findings are ‘* * * to apprise petitioner of the grounds for the judgment of the trial court and to enable the appellate courts to properly determine appeals in such a cause.’ Jones v. State (1966), 8 Ohio St. 2d 21, 22 [37 O.O. 2d 357]. The exercise of findings and conclusions are essential in order to prosecute an appeal. Without them, a petitioner knows no more than [that] he lost and hence is effectively precluded from making a reasoned appeal. In addition, the failure of a trial judge to make the requisite findings prevents any meaningful judicial review, for it is the findings and the conclusions which an appellate court reviews for error.”

*20 Clearly, the journal entry in this case satisfies the policy considerations announced in Mapson . Even though the trial court does not specifically label its entry as findings of fact and conclusions of law, that is what its words import. Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 91 cases

View all citing references →
1989: 21990: 11991: 21994: 11995: 21997: 21998: 21999: 132000: 52001: 32002: 12003: 22004: 12005: 22006: 32007: 32008: 42009: 12011: 42012: 22013: 52014: 42015: 12016: 32017: 32018: 22019: 12020: 42021: 12022: 12023: 12024: 52025: 32026: 119892026peak 1999 · 13

Relies on it most ⓘ

  1. State v. Sowell598 N.E.2d 136 (Ohio Ct. App. 1991)
  2. State v. Pocius660 N.E.2d 1236 (Ohio Ct. App. 1995)
  3. State v. Dudas, 2007-L-140 (6-27-2008)2008 Ohio 3262 (2008)
  4. State v. Dilley2013 Ohio 4480
  5. State v. Knowlton2024 Ohio 5869
  6. State v. Hill2020 Ohio 3824

Most recent

  1. State v. Bebee2026 Ohio 1043
  2. State v. Wood2025 Ohio 2170
  3. State v. Trujillo2025 Ohio 2069
  4. State v. Alexander2025 Ohio 236
  5. State v. Knowlton2024 Ohio 5869
  6. State v. Gregory2024 Ohio 5420

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
State v. Mapson, 438 N.E.2d 910 (Ohio 1982) 160
State v. Lester, 322 N.E.2d 656 (Ohio 1975) 137
State v. Wilcox, 475 N.E.2d 516 (Ohio Ct. App. 1984) 10
Jones v. State, 222 N.E.2d 313 (Ohio 1966) 64

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