State v. Minifee

Citations

• 2024 Ohio 64

Syllabus

Motion for leave to file motion for new trial newly discovered evidence witness recantation Crim.R. 33(A)(6) unavoidably prevented clear and convincing proof. A trial witness's recantation of testimony can be newly discovered evidence if the court finds that the new testimony is credible and if the new testimony would materially affect the outcome of the new trial. The only eyewitness to the shooting recanted her testimony that the victim did not have a gun that night. In an affidavit, she stated that not only did the victim have a gun on the night in question, he fired first at the defendant before the defendant fired back. This witness also explained in the affidavit why she lied on the witness stand at trial. Because the defendant was unavoidably prevented from discovering the fact that this witness would one day change her mind and decide to recant her testimony, the trial court abused its discretion by denying the defendant's motion for leave to file a motion for new trial.