State v. Lenard

Citations

• 2023 Ohio 4529

Syllabus

Leave to file a new-trial motion post conviction Crim.R. 33(A)(6) Crim.R 33(B) clear and convincing proof unavoidably prevented hearing. Defendant-appellant's motion for leave to file a new-trial motion was properly denied because defendant-appellant failed to demonstrate by clear and convincing proof that he was unavoidably prevented from discovering and collecting evidence relating to one of the jurors from his trial. Additionally, the claims surrounding the juror have been considered and rejected by both this court and the trial court on multiple occasions, so res judicata applies. Because defendant-appellant did not demonstrate that his evidence was newly discovered or presented a strong probability that a new trial would yield a different result, the trial court also did not err in not holding a hearing on the motion.