What is the current state of the law on a second and successive petition for post-conviction relief?

In Illinois, "[a]ny claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived." (Ill.Rev.Stat., ch. 38, par. 122-3 (1965).) " 'The prior denials of the post-conviction petitions are res judicata of all claims raised therein and of all constitutional claims which could have been raised.' " (People v. Polansky, supra, 233 N.E.2d 374, 375. See also, People v. Holland (1965) 33 Ill.2d 246, 211 N.E.2d 265.)

Ohio law permits the court "in its discretion and for good cause shown" to consider second or successive petitions whether based on the same facts or on newly discovered evidence. (Ohio Rev.Code Ann., 2953.23(A).) "Accordingly, ... a trial court is not required to file findings of fact and conclusions of law when declining to entertain a second [5 Cal.4th 794] or successive petition for post-conviction relief which alleges the same grounds as earlier petitions." (State ex rel. Workman v. McGrath (1988) 40 Ohio St.3d 91, 532 N.E.2d 105, 106.)