State v. Apanovitch

Citations

• 2020 Ohio 4217

Syllabus

Crim.R. 33 motion for new trial newly discovered evidence stipulation postconviction petition. - The parties' stipulation that Crim.R. 33 applied to the postconviction petition and the trial court should rely on that rule in deciding the postconviction petition did not relieve defendant of the burden of seeking leave to file his untimely Crim.R. 33 motion for a new trial on the basis of newly discovered evidence trial court therefore did not abuse its discretion in denying the motion.