State v. Hurt

Citations

• 2026 Ohio 851

Syllabus

CRIM.R. 33(B) — UNAVOIDABLY PREVENTED — NEWLY DISCOVERED EVIDENCE: Although the trial court, when ruling on defendant's Crim.R. 33(B) motion for leave to file a new-trial motion, improperly considered the merits of defendant's new-trial motion and whether defendant had delayed seeking leave after discovering the new evidence on which his new-trial motion was based, this did not result in prejudicial error nor did the trial court abuse its discretion in denying the motion for leave where the court also conducted the proper inquiry and determined that defendant was not unavoidably prevented from discovering his codefendant's confession within 120-days of the jury's verdict.