State v. Miller

Citations

• 2022 Ohio 378

Syllabus

Leave new trial hearing abuse of discretion newly discovered Crim.R. 33(A)(6) Crim.R. 33(B) unavoidably prevented reasonable time eyewitness testimony recantation actual innocence postconviction relief untimely R.C. 2953.23(A)(1). The trial court did not abuse its discretion in denying appellant's motion for leave to file new trial motion based on newly discovered evidence or in denying the motion for leave without an evidentiary hearing. Appellant did not show that he was unavoidably prevented from discovering the purported newly discovered evidence of an eyewitness's statement recantation of his trial testimony or that he requested leave to file his motion for new trial within a reasonable period of time. Appellant's claim of actual innocence was rejected. Appellant's untimely petition for postconviction relief was properly denied.