State v. Allen

Citations

• 2024 Ohio 2188

Syllabus

CRIM.R.33(B) — UNAVOIDABLE PREVENTION: The common pleas court did not abuse its discretion by denying defendant's Crim.R. 33(B) motion for leave to file a new-trial motion based on newly discovered evidence: Defendant could not demonstrate that he was unavoidably prevented from discovering the evidence upon which he now relies to support his new-trial motion where he did not specify what evidence had been recently discovered or suppressed, and, presuming the evidence to which defendant was referring was the arresting officer's statement, defendant cannot show that it had been suppressed by the state when defense counsel acknowledged on the record that he had received the statement in discovery.