State v. Bullitt

Citations

• 2023 Ohio 1899

Syllabus

Crim.R. 33(B) motion for leave to file motion for new trial newly discovered evidence Brady violation. Defendant was tried with a codefendant and found guilty of several drug-related offenses. At trial, police officers testified they arrived at the codefendant's apartment to execute an arrest warrant for him and that no one came to the door. Within minutes of the officers' arrival, defendant was seen throwing over 100 grams of crack cocaine and $22,000 in cash off the balcony. A search of the apartment uncovered heroin and drug paraphernalia. Defendant filed a motion for leave to file a delayed motion for new trial based upon newly discovered evidence — a police report from a month prior to his arrest of a citizen complaining of drug activity at the codefendant's apartment. The police report of the complaint was not disclosed prior to trial, and defendant argued the nondisclosure was a Brady violation. A defendant establishes a Brady violation by showing that favorable but suppressed evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. The report of the codefendant's prior drug activity might be considered favorable to defendant because it implicates the codefendant in ongoing drug activity without mentioning defendant. In contrast, the report is not exculpatory to the charges brought against defendant at trial because the report did not address the facts and circumstances of his charges. Further, the report did not directly contradict police officers' testimony. That the police received a complaint of drug activity by the codefendant in the past does not contradict or impeach trial testimony, does not give rise to the conclusion that the police officers had a motive to fabricate evidence, and does not undermine confidence in the verdict rendered at trial. As such, the trial court did not abuse its discretion by denying defendant leave to file a motion for new trial based on newly discovered ev