A direct appeal is not the only avenue for relief after a criminal conviction. Ohio law provides a separate proceeding — post-conviction relief — that allows defendants to raise constitutional claims that either could not have been raised at trial or were not apparent from the trial record alone. When newly discovered evidence surfaces, when a constitutional violation is uncovered after the fact, or when trial counsel's failures come to light, post-conviction relief may be the appropriate path forward.
Moran & Fisher, Attorneys at Law, LLC, brings more than 500 appeals and post-conviction matters written and argued across Ohio and federal courts to every case the firm reviews. Equally important: Attorney Susan Moran has been selected to review cases for the Cuyahoga County Conviction Integrity Unit — a wrongful-conviction review body — a recognition that speaks directly to her standing in this area of the law.
What Post-Conviction Relief Covers
Under Ohio Revised Code § 2953.21, a person who has been convicted of a criminal offense may petition the trial court for post-conviction relief on the grounds that the conviction violated the Ohio or U.S. Constitution. Because these petitions address matters outside the trial record, they allow claims that appellate courts cannot reach. Common grounds include:
- Newly discovered evidence — evidence that was not available at trial, did not exist at trial, or could not have been discovered through reasonable diligence, and that would likely have changed the outcome.
- Brady violations — the prosecution withheld evidence that was favorable to the defense and material to guilt or punishment.
- Ineffective assistance of trial counsel — your lawyer's performance fell below the constitutional minimum and that deficiency affected the verdict or sentence. This claim often requires evidence outside the trial record and is therefore suited to post-conviction proceedings.
- Newly recognized constitutional rights — claims based on constitutional decisions issued after your trial that apply retroactively.
- Mental-health grounds — in appropriate cases, evidence regarding a defendant's mental-health status that was not fully developed at trial.
Strict Filing Deadlines Apply
In most Ohio cases, a petition for post-conviction relief must be filed within 365 days of the date the trial transcripts were filed in the court of appeals on direct appeal — or, if no appeal was taken, within 365 days of the time for filing an appeal. Late petitions require a showing of extraordinary circumstances. The sooner a potential claim is identified and reviewed, the better the chance of preserving it.
What's at Stake
A successful post-conviction petition can result in a new trial, dismissal of charges, a corrected sentence, or other forms of relief depending on the nature of the constitutional violation. These proceedings are not easy — Ohio courts require a petitioner to make a substantial showing — but they are a critical safety valve when the truth did not emerge at trial.
The Conviction Integrity Connection
Attorney Moran's work reviewing cases for the Cuyahoga County Conviction Integrity Unit reflects the same analytical discipline that post-conviction work demands: a systematic, evidence-based review of whether a conviction rests on solid constitutional ground. That experience informs every post-conviction matter Moran & Fisher undertakes.
Past results do not guarantee a similar outcome. Every case is different.