State v. Smith

Citations

• 2024 Ohio 5833

Syllabus

CRIM.R. 33(B) — UNAVOIDABLE PREVENTION: The common pleas court did not abuse its discretion by denying defendant's Crim.R. 33(B) motion for leave to file a motion for a new trial based on newly discovered evidence where the evidence had not been suppressed by the State, but introduced at trial, and thus, defendant could not demonstrate that he was unavoidably prevented from discovering the grounds upon which he now relies to support his new-trial motion.