State v. Warren

Citations

• 2017 Ohio 853

Syllabus

The trial court abused its discretion when it denied appellant's motion for leave to file a motion for new trial without first conducting a hearing in order to determine whether he was unavoidably prevented from timely discovering the new evidence upon which he relies, and, once the evidence was obtained, whether he filed his motion within a reasonable time. Judgment reversed and cause remanded for proceedings consistent with this opinion. (Welbaum, J., dissenting).