an affirmative defense that the state must raise or waive in state court. Thus, he argues, Respondent’s motion must fail because the state did not raise the timeliness of his petition when Keenan first filed it. Contrary to Keenan’s assertions, however, several Ohio Courts of Appeal have found that the timeliness of a post-conviction petition in Ohio is a jurisdictional issue, rather than an affirmative defense. For example, in State v. Halliwell, 134 Ohio App.3d 730, 732 N.E.2d 405, 408 (1999), the Eighth District Court of Appeals explicitly found that “unless [one of the statutory] exceptions apply, the trial court has no jurisdiction to consider an untimely filed petition for postconviction relief.” See also State v. Sturbois, No. 99CA16, 1999 WL 786318 (Ohio Ct.App. Sept. 27, 1999)(<HOLDING>); State v. Ayers, No. 16851, 1998 WL 833738
holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition holding no court has jurisdiction to hear an untimely pcra petition holding that an untimely petition for a rehearingreconsideration of a motion in a criminal case was beyond the district courts jurisdiction holding that untimely petition for postconviction petition divests trial court of jurisdiction holding that although louisiana court held postconviction petition untimely filed statutory exceptions to filing requirement rendered petition properly filed for purposes of  2244d