State v. Dowell

Citations

• 2022 Ohio 615

Syllabus

Crim.R. 25(B) subsequent judge presiding over postconviction proceedings Crim.R. 33(B) motion for leave to file a motion for a new trial newly discovered evidence clear and convincing proof res judicata. As duly-elected successor to the trial judge, the judge presiding over the appellant's motion for leave to file a motion for a new trial had authority under Crim.R. 25(B) to rule on the motion. The trial court did not abuse its discretion in denying the motion because, pursuant to Crim.R. 33(B), the appellant neither presented material evidence outside the record that was unavailable to him at the time of trial or direct appeal nor showed by clear and convincing proof that he was unavoidably prevented from discovering the evidence. The evidence is barred by res judicata because the appellant raised the same evidence in his motion for leave to file a motion for a new trial that he raised in prior petitions for postconviction relief.