State v. Gray

Citations

• 2019 Ohio 1638

Syllabus

Abuse of discretion Crim.R. 33(B) motion for leave to file a new trial newly discovered evidence unavoidably prevented from discovering evidence clear and convincing proof alibi is not newly discovered evidence self-serving affidavits. There was no abuse of discretion when the trial court denied defendant's motion for leave to file a new trial. Defendant failed to establish, by clear and convincing evidence, that he was unavoidably prevented from discovering the new evidence within the timeframe prescribed by Crim.R. 33(B).