State v. Russell

Citations

• 2021 Ohio 4106

Syllabus

Appellant, who had been convicted of multiple sex offenses, filed a pro se motion for leave to file a motion for a new trial, which also sought to conduct discovery, but the motion failed to establish a Brady violation by the State. This Court previously determined that appellant was not entitled to the return of items seized from his home and admitted as exhibits in his trial. For impeachment purposes, he failed to establish the materiality of the victim's medical records to support a \confabulated memory defense\ or the materiality of church records allegedly reflecting who paid for a camp the victim attended. Appellant further did not establish that the records were ever in the State's possession or that a request for them was denied. Finally, appellant's request that the State obtain witness statements on his behalf from certain witnesses is without merit he himself knew the relevance of these witnesses' observations prior to his trial. Judgment affirmed.