State v. Hines

In State v. Hines, Cuyahoga App. No. 89848, 2008 Ohio 1927, the Court explained that "'a postconviction proceeding is not an appeal of a criminal conviction, but, rather, a collateral civil attack on the judgment.'" Id., quoting State v. Steffen, 70 Ohio St.3d 399, 410, 1994 Ohio 111, 639 N.E.2d 67. "In postconviction cases, a trial court acts as a gatekeeper, determining whether a defendant will even receive a hearing." Hines, supra. While performing this function, the trial court is given deference, especially when rendering its decision regarding the sufficiency of the facts presented by the petitioner and the credibility of the provided affidavits. Id. An abuse of discretion connotes more than an error in law or judgment, it means that the trial court's decision was unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 5 Ohio B. 481, 450 N.E.2d 1140.