Ohio § 2953.23

§ 2953.23.

(A) Whether a hearing is or is not held on a petition filed pursuant to section 2953.21 of the Revised Code , a court may not entertain a petition filed after the expiration of the period prescribed

in division (A) of that section or a second petition or successive petitions for similar

relief on behalf of a petitioner unless division (A)(1) or (2) of this section applies: (1) Both of the following apply: (a) Either the petitioner shows that the petitioner was unavoidably prevented from discovery

of the facts upon which the petitioner must rely to present the claim for relief,

or, subsequent to the period prescribed in division (A)(2) of section 2953.21 of the Revised Code or to the filing of an earlier petition, the United States Supreme Court recognized

a new federal or state right that applies retroactively to persons in the petitioner's

situation, and the petition asserts a claim based on that right. (b) The petitioner shows by clear and convincing evidence that, but for constitutional

error at trial, no reasonable factfinder would have found the petitioner guilty of

the offense of which the petitioner was convicted or, if the claim challenges a sentence

of death that, but for constitutional error at the sentencing hearing, no reasonable

factfinder would have found the petitioner eligible for the death sentence. (2) The petitioner was convicted of a felony, the petitioner is an offender for whom

DNA testing was performed under sections 2953.71 to 2953.81 of the Revised Code or under former section 2953.82 of the Revised Code and analyzed in the context of

and upon consideration of all available admissible evidence related to the inmate's

case as described in division (D) of section 2953.74 of the Revised Code , and the results of the DNA testing establish, by clear and convincing evidence,

actual innocence of that felony offense or, if the person was sentenced to death,

establish, by clear and convincing evidence, actual innocence of the aggravating circumstance

or circumstances the person was found guilty of committing and that is or are the

basis of that sentence of death. As used in this division, “actual innocence” has the same meaning as in division (A)(1)(c) of section 2953.21 of the Revised Code , and “former section 2953.82 of the Revised Code ” has the same meaning as in division (A)(1)(d) of section 2953.21 of the Revised Code . (B) An order awarding or denying relief sought in a petition filed pursuant to section 2953.21 of the Revised Code is a final judgment and may be appealed pursuant to Chapter 2953. of the Revised

Code. If a petition filed pursuant to section 2953.21 of the Revised Code by a person who has been sentenced to death is denied and the person appeals the

judgment, notwithstanding any law or court rule to the contrary, there is no limit

on the number of pages in, or on the length of, a notice of appeal or briefs related

to an appeal filed by the person.  If any court rule specifies a limit on the number of pages in, or on the length

of, a notice of appeal or briefs described in this division or on a prosecuting attorney's

response or briefs with respect to such an appeal and a person who has been sentenced

to death files a notice of appeal or briefs that exceed the limit specified for the

petition, the prosecuting attorney may file a response or briefs that exceed the limit

specified for the answer or briefs.