State v. Walton

Citations

• 2023 Ohio 3872

Syllabus

Petition for postconviction relief motion for leave to file motion for new trial Brady violation unavoidably prevented Crim.R. 33. Trial court did not abuse its discretion in denying defendant's untimely petition for postconviction relief where because the state did not suppress any evidence, the defendant did not establish that he was unavoidably prevented from discovering the evidence upon which he relied in his petition and that no reasonable factfinder would have found him guilty but for constitutional error at trial trial court did not err in denying defendant's motion for leave to file a motion for new trial where the defendant did not prove by clear and convincing evidence that he was unavoidably prevented from discovering the evidence he relied upon to justify the motion for new trial.