State v. Martin

Citations

• 2022 Ohio 1494

Syllabus

Crim.R. 33 motion for leave to file motion for new trial newly discovered evidence reasonable time filing clear and convincing evidence res judicata ineffective assistance of counsel. Appellant submitted clear and convincing evidence that on its face showed he was unavoidably prevented from discovering the evidence sooner. The assistance of prior postconviction counsel was ineffective and resulted in delays and disciplinary action. Res judicata did not apply. Crim.R. 33(B) does not authorize or support the \creation of a reasonable-time filing requirement\ and states only that a defendant must show that he was \unavoidably prevented from the discovery of the evidence upon which he must rely.\ State v. Bethel, Slip Opinion No. 2022-Ohio-783, ¶ 53, 55.