State v. Walter

Citations

• 2018 Ohio 4415

Syllabus

Crim.R. 33(B) motion for leave motion for new trial untimely unavoidable delay clear and convincing proof evidentiary hearing. The trial court did not abuse its discretion when it denied defendant's motion for leave to file a motion for new trial without an evidentiary hearing. The trial court could determine from the face of defendant's motion that the defendant obtained the evidence on which he based his motion for new trial over four years prior to filing his motion for leave. Therefore, the defendant did not clearly and convincingly prove that he was unavoidably prevented from filing his motion timely.