State v. Birt

Citations

• 2026 Ohio 2224

Syllabus

Defendant appeals denial of his motion for leave to move for a new trial. Defendant convicted of sex offenses involving minor daughter. Defendant supported motion with affidavits indicating daughter recanted. Trial court abused discretion in denying motion. Defendant submitted affidavits demonstrating that Defendant could not have obtained the recantation evidence within 120 days of the jury verdicts. No decision on merits was rendered on the recantation issue in earlier postconviction filing and res judicata was inapplicable.