State v. To

Citations

• 2019 Ohio 1795

Syllabus

The trial court properly denied the criminal defendant's motion for relief under Civil Rule 60(B). That Rule applies here, where defendant sought to have the trial court revisit on a supplemented record its denial of his motion to vacate a plea and conviction on the basis that the court had failed to apprise him of potential consequences to his immigration status. The trial court did not err in determining that neither neglect nor inadvertence justified defendant's failure to provide the relevant exhibit, especially where that affidavit did not exist in final form by the time in which defendant claims he meant to submit it and where defendant did not act to provide it later once its absence had been pointed out. A court may not grant a 60(B) motion where the movant has failed to demonstrate that he or she is entitled to relief under one off the grounds set forth in Civ.R. 60(B)(1)-(5). Judgment affirmed.