State v. Powell

Citations

• 2021 Ohio 2440

Syllabus

Crim.R. 33(B) motion for leave to file motion for new trial newly discovered evidence reasonable diligence. Appellant sought leave to file a motion for new trial based upon newly discovered evidence. The motion was filed outside the 120-day time limit in Crim.R. 33(B). The facts and exhibits submitted as being newly discovered in support of the motion for leave were available prior to the expiration of the 120-day time limit and could have been discovered with reasonable diligence. Accordingly, the trial court did not abuse its discretion by denying leave to file a motion for new trial without conducting a hearing.