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Ohio Supreme Court· 8/9/2022

State v. McNeal

Citations

  • 201 N.E.3d 861
  • 169 Ohio St. 3d 47
  • 2022 Ohio 2703

Syllabus

Criminal law—Crim.R. 33(B)—Motion for leave to move for a new trial—Crim.R. 33(B) permits a defendant in a criminal case to move for a new trial within the periods specified in the rule but excuses a defendant's failure to file a timely motion when the defendant proves by clear and convincing evidence that he or she was unavoidably prevented from filing the motion within the prescribed time—Defendant's motion for leave to move for a new trial made a prima facie showing that the state suppressed evidence favorable to him that tended to disprove an element of the rape charge of which he was convicted and tended to impeach the victim's testimony—Defendant established a prima facie case that he was unavoidably prevented from moving for a new trial within the time specified in Crim.R. 33(B) due to the state's suppression of the evidence—Court of appeals' judgment reversed, and cause remanded to the trial court with instructions for it to grant defendant's motion for leave to move for a new trial.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that courts lack discretion to make errors of law, particularly when the trial court’s decision goes against the plain -4- Case No. 7-23-20 language of a statute or rule
  • describing this as an affirmative duty

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, J.

Read full opinion on CourtListener

Cited by

53 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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