State v. McNeal

Citations

• 2021 Ohio 1520

Syllabus

The trial court correctly overruled appellant's untimely motion for leave to file a motion for a new trial. The evidence upon which appellant relied – the blood and alcohol results from the victim's sexual assault kit, which appellant claimed to show that the victim was not substantially impaired at the time of the rape offense -- was not new evidence. Appellant did not establish a Brady violation, and his motion was barred by the doctrine of res judicata. Judgment affirmed.