State v. Morris

Citations

• 2017 Ohio 1196

Syllabus

The trial court did not abuse its discretion in denying Appellant's motion for leave to file a motion for new trial. Appellant's motion was filed more than 120 days after the verdict was rendered, and Appellant failed to provide by clear and convincing proof that he was unavoidably prevented from discovering the evidence upon which he relied. Instead, Appellant made only mere allegations in his motion. The trial court also did not abuse its discretion by overruling Appellant's request for production of the trial transcripts. A transcript was filed during Appellant's direct appeal, and Appellant failed to show, pursuant to R.C. 149.43(B)(8), that the information in the public record was necessary to support what appeared to be a justiciable claim. Affirmed.