State v. Houston

Citations

• 2023 Ohio 3888

Syllabus

Crim.R. 33 motion for new trial newly discovered evidence clear and convincing proof material evidence hearing on motion. The trial court did not abuse its discretion in denying appellant's motion for leave to file a motion for a new trial. Appellant has not shown that he was unavoidably delayed in discovering the information in his motion and has not shown that the allegedly newly discovered information was material. Appellant's own unsworn, unsupported claims are not evidence and his attorneys' affidavits do not support his claims. The trial court also did not abuse its discretion in declining to hold a hearing on the motion because appellant failed to submit any evidentiary material to support his claim. The alleged disciplinary file on a nontestifying detective, which does not mention appellant's case, was not relevant evidentiary material.