State v. Jackson

Citations

• 2021 Ohio 3114

Syllabus

Appellant's motion for a new trial raised an issue of which he would have been aware in the course of the trial at which he was convicted, and he presented no new additional information in support of his motion. Specifically, appellant knew that the police had subpoenaed cell service location information from his cell phone provider. Thus, his argument was barred by res judicata. State v. Carpenter, __ U.S.__, 138 S.Ct. 2206, 201 L.Ed.2d 507 (2018), which held that obtaining cell service location information without a warrant violates the Fourth Amendment, did not apply to this case retroactively. Judgment affirmed.