State v. Bonnell

Citations

• 2019 Ohio 5342

Syllabus

Crim.R. 33/motion for new trial R.C. 2953.75(B)/report of state of the evidence newly discovered evidence findings of fact and conclusions of law res judicata abuse of discretion. The extensive record in this case shows that appellant, since his 1995 petition for postconviction relief, was made aware that the evidence he sought to have tested was no longer available appellant also failed to show that he was unavoidably detained from finding a witness that later provided a statement that was not a recantation and determined to be immaterial — both issues were previously litigated, and are therefore barred by the doctrine of res judicata. The trial court did not abuse its discretion in denying appellant's motion for leave to file a motion for a new trial. Appellant failed to show that the trial court did not review the record and the documentation submitted in support of appellant's motion. The trial court did not err in adopting the findings of fact and conclusions of law proposed by the state.