State v. Graggs

Citations

• 2017 Ohio 4454

Syllabus

The trial court did not err by overruling appellant's motion for leave to file a motion for a new trial under Crim. R. 33(B). Appellant did not demonstrate that he was unavoidably prevented from discovering the purported new evidence merely by asserting that he did not know the witness at the time of the murder. Furthermore, even if a new trial were granted, there is not a strong probability that the individual's testimony would change the outcome, as it was not inconsistent with the strong evidence the state introduced against appellant.