State v. Black

Citations

• 2025 Ohio 5596

Syllabus

On defendant's appeal of Franklin County Municipal court decision denying Crim.R. 33 motion for new trial in domestic violence case. Motion was filed 6 years after defendant's conviction, based on newly discovered evidence of a new affidavit by victim and primary witness, defendant's father. Affidavit recanted the testimony presented by the victim at trial, but victim did not testify at hearing on new trial motion. Trial court was the same judge who presided over the trial, and the trial court's decision that victim's trial testimony was credible and in accordance with other contemporaneous evidence was not an abuse of discretion. Finding that testimony of witness at new trial hearing, defendant's mother, was not credible based on other evidence in the record was not an abuse of discretion. Trial court applied the appropriate analysis throughout case, and its decision denying the motion for new trial was not an abuse of discretion. Judgment affirmed.