State v. Quinn

Citations

• 2018 Ohio 5279

Syllabus

Defendant appeals from the trial court's denial, without a hearing, of his second motion for a new trial pursuant to Crim.R. 33(A)(6). All assignments of error related to Defendant's purported lack of access to exculpatory evidence are barred by res judicata, lack cognizable evidentiary support, and/or relate to evidence that is not new, that Defendant was not unavoidably prevented from discovering, and/or that is not material to his defense. Defendant's claim of ineffective assistance of counsel likewise lacks cognizable evidentiary support, and he also has failed to demonstrate that a different outcome would have been reasonably probable in the absence of his trial attorney's alleged omissions. Judgment affirmed.