State v. Rainey

Citations

• 2025 Ohio 2608

Syllabus

CRIM.R. 33(B) — UNAVOIDABLY PREVENTED — NEWLY-DISCOVERED EVIDENCE: The common pleas court did not abuse its discretion by denying defendant's Crim.R. 33(B) motion for leave to file a new-trial motion based on newly-discovered evidence where the new evidence, the codefendant's confession, was not newly discovered but merely newly available for defendant's use, and where defendant failed to show that, by using reasonable diligence, he could not have discovered the substance of codefendant's now-available testimony within the 120-day period following the return of the jury verdicts.