State v. Smith

Citations

• 2020 Ohio 6718

Syllabus

NEW TRIAL—APPELLATE REVIEW/CRIMINAL: The common pleas court did not err in overruling, or abuse its discretion in denying a hearing on, defendant's Crim.R. 33(B) motion for leave to file a Crim.R. 33(A) motion for a new trial, when defendant failed to sustain his burden of presenting clear and convincing evidence demonstrating that he had been unavoidably prevented from timely filing his new-trial motion. The court of appeals has no jurisdiction to address on the merits an assignment of error challenging the common pleas court's failure to grant a new trial, when the notice of appeal conferred upon the appeals court jurisdiction to review only the judgment appealed, and in that judgment, the common pleas court overruled a Crim.R. 33(B) motion for leave to file a motion for a new trial and thus did not reach on the merits the proposed Crim.R. 33(A) new-trial motion.