State v. Clinton

Citations

• 2026 Ohio 1830

Syllabus

CRIM.R. 33(B) — UNAVOIDABLY PREVENTED — NEWLY DISCOVERED EVIDENCE: The trial court did not abuse its discretion by denying defendant's Crim.R. 33(B) motion for leave to file a delayed motion for a new trial based on newly discovered evidence without a hearing where defendant failed to explain why evidence from an independent, competing gunshot residue expert could had not been discovered prior to, at the time of, or 120 days after the verdict was rendered and defendant had received the state's gunshot residue expert evidence prior to trial. Thus defendant failed to demonstrate he was unavoidably prevented from discovering the grounds upon which he now relies to support his new-trial motion. Judgment affirmed.