State v. Gaven

Citations

• 2017 Ohio 5524

Syllabus

Trial court erred in denying appellant's motion for leave to file a delayed motion for new trial by conflating its analysis with the merits of appellant's motion for new trial and incorrectly stating that a recanting affidavit that does not present alibi or \actual innocence\ is insufficient \as a matter of law\ as a mere contradiction to the affiant's prior testimony at trial. Judgment reversed and cause remanded.