State v. Cannon

Citations

• 2019 Ohio 3941

Syllabus

NEW TRIAL: The common pleas court erred in denying on the merits defendant's proposed Crim.R. 33(A)(6) motion for a new trial, after overruling his Crim.R. 33(B) motion for leave to file the new-trial motion out of time, because Crim.R. 33(B) permits a new-trial motion to be filed out of time only after leave has been granted. The common pleas court abused its discretion in overruling without an evidentiary hearing defendant's Crim.R. 33(B) motion for leave to file a Crim.R. 33(A)(6) motion for a new trial, when the motion, on its face, showed that defendant had been unavoidably prevented from timely discovering, and from timely presenting in a new-trial motion, newly discovered evidence of actual innocence.