State v. Allen

Citations

• 2024 Ohio 970

Syllabus

Crim.R. 33 motion for leave to file a motion for a new trial hearing newly discovered evidence recanting witness abuse of discretion conclusory assertions. Trial court did not abuse its discretion in denying, without a hearing, defendant's motion for leave to file a motion for a new trial pursuant to Crim.R. 33(A)(6) and (B) based on (1) affidavits related to the testimony of a recanting witness and (2) the discovery of municipal court records allegedly showing another witness lied at trial regarding the date he performed court-ordered community service. Defendant presented no evidence detailing his efforts, if any, to timely discover recanting witness testimony or explaining why any such efforts would have been unavailing. Likewise, defendant provided no affidavits or other evidence detailing how he learned of the existence of the municipal court records and why he, his attorneys or his private investigator could not have timely discovered them. Defendant's conclusory assertions that he was unavoidably prevented from timely discovering the new evidence he sought to support a motion for a new trial did not require a hearing on his motion for leave.