State v. Scott

Citations

• 2023 Ohio 1184

Syllabus

Defendant appeals denial of motion to vacate and set aside sentence under Civ.R. 60(B). Trial court denied motion, found civil rules inapplicable in criminal proceedings. Crim.R. 57(B). Civil rules apply in criminal proceedings where no applicable rule of criminal procedure exists. Recasting motion as untimely petition for postconviction relief, defendant failed to establish grounds. Arguments also barred by res judicata.