State v. Sanders

Citations

• 2024 Ohio 1026

Syllabus

NEW TRIAL — POSTCONVICTION: The common pleas court did not abuse its discretion by denying defendant's Crim.R. 33(A)(6) motion for a new trial without an evidentiary hearing where the motion lacked merit: defendant failed to attach the potential alibi witness's affidavit to his motion and, even if the alibi witness would have testified as defendant claims, the new testimony did not disclose a strong probability of a different result if a new trial is granted and merely contradicted evidence at trial considering defendant's admission that he had been present with his codefendant when the crimes occurred. The common pleas court did not err by dismissing defendant's successive petition for postconviction relief where defendant could not meet the jurisdictional requirements of R.C. 2953.23: defendant was not unavoidably prevented from discovering the facts underlying his postconviction claims where he was present at all relevant times during his trial and sentencing hearing and knew that his trial counsel had failed to object to the admission of certain evidence and the nature of the sentencing hearing and where defendant knew prior to trial of a potential alibi witness and had been present with this witness when his codefendant had allegedly confessed to them that he had committed the crimes alone.