State v. Ojile

Citations

• 2021 Ohio 2955

Syllabus

NEW TRIAL: The common pleas court erred in denying defendant's Crim.R. 33(B) motion for leave to file a motion for a new trial on the ground of newly discovered evidence: the motion and its supporting evidence provided clear and convincing proof that he had, within 120 days of the return of the verdicts, been unavoidably prevented from discovering, and from presenting in a new-trial motion, the evidence upon which his proposed new-trial motion depended and his delay in moving for leave after the new-trial ground was discovered was adequately explained and demonstrated to have been reasonable under the circumstances.