State v. Cole

In State v. Cole, 2 Ohio St. 3d 112, 2 Ohio B. 661, 443 N.E.2d 169 (1982), the Ohio Supreme Court held that, "where a defendant, represented by new counsel upon direct appeal, fails to raise therein the issue of competent trial counsel and said issue could fairly have been determined without resort to evidence dehors the record, res judicata is a proper basis for dismissing defendant's petition for postconviction relief." Id. at syllabus.