State v. Casey

Citations

• 2022 Ohio 3100

Syllabus

Crim.R. 57(B) provides that if no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules of criminal procedure, and shall look to the rules of civil procedure and to the applicable law if no rule of criminal procedure exists. Here, it is not necessary to look to the Civil Rules or other applicable law for guidance in the way Crim.R. 57(B) intends, because a procedure specifically prescribed by rule exists, i.e., Crim.R. 33. There is no void in the criminal rules requiring the invocation of the civil rules because avenues of relief were available by resort to Crim.R. 33 (motion for a new trial) and Crim.R. 35 (petition for post-conviction relief). Appellant's attempt to use a Civ.R. 60(B) motion to collaterally attack the trial court's ruling was improper.