State v. Robertson

Citations

• 2017 Ohio 7225

Syllabus

NEW TRIAL-NEWLY DISCOVERED EVIDENCE: The trial court did not abuse its discretion in ordering a new trial on the ground of newly discovered evidence: the newly discovered evidence did more than merely impeach or contradict the evidence presented at trial and the trial court did not abuse its discretion in determining that the newly discovered evidence disclosed a strong probability that it would change the result if a new trial was granted. The trial court abused its discretion in ordering a new trial on charges remotely related to the newly discovered evidence: the evidence presented at trial overwhelmingly tied the defendant to those crimes therefore, the newly discovered evidence did not disclose a strong probability of a different outcome if a new trial on those charges was granted.