State v. Ward

Citations

• 2023 Ohio 1605

Syllabus

Newly discovered evidence does not warrant a new trial where someone else was charged with committing the same offense around the same time but the circumstances of the offenses were different and it is unlikely that the victim misidentified the assailant where a victim was adjudged mentally incompetent after testifying but there is no evidence that the victim had mental health problems at time of the testimony or based on evidence that could have been obtained at the time of trial and the issue could have been raised on direct appeal.