State v. Bostick

Citations

• 2023 Ohio 3631

Syllabus

Motion for leave for new trial motion for new trial no hearing newly discovered evidence trial court's sound discretion. The judgment of the trial court denying the defendant's motion for a new trial without a hearing, after granting him leave to file same, was not an abuse of discretion. The newly discovered evidence does not support the defendant's contention that he was not the shooter overwhelming evidence refutes the defendant's contention. Further, the newly discovered evidence does not disclose a strong probability that a different result would have been reached had the jury known about it. The record also does not support the defendant's contention that his conviction was obtained with perjured testimony.