State v. Gapen

Citations

• 2021 Ohio 3252

Syllabus

The trial court did not abuse its discretion when it overruled appellant's motion for leave to file a delayed motion for a new trial. The trial court did not err in finding that appellant failed to establish by clear and convincing evidence that he was unavoidably prevented from discovering the grounds for his claims. Likewise, the trial court did not err in finding that appellant failed to act within a reasonable time or to adequately explain the delay in filing his motion for leave. Finally, the court did not abuse its discretion when it did not rule on the merits of appellant's claims. Judgment affirmed.