State v. Wilson

Citations

• 2021 Ohio 3046

Syllabus

The trial court did not abuse its discretion when it denied appellant's motion for leave to file an untimely motion for a new trial because appellant did not demonstrate by clear and convincing evidence that he was unavoidably prevented from the discovery of the evidence upon which he relies and failed to establish that he filed his motion for leave within a reasonable time from the discovery of the evidence. The trial court was not required to hold a hearing on the motion for leave because appellant did not provide documents that, on their face, support appellant's claims that the discovery of his evidence was unavoidably delayed. Furthermore, the trial court did not abuse its discretion in not holding a hearing. Assignments of error overruled. Judgment affirmed.