State v. Woods

Citations

• 2026 Ohio 2352

Syllabus

The trial court properly denied, without holding a hearing, a criminal defendant's request for permission to file a motion for a new trial based on newly discovered evidence where the affidavit filed by the defendant in support of his request did not contain the necessary clear and convincing evidence that the defendant had been, in the words of Criminal Rule 33(B), \unavoidably prevented\ from discovering the new evidence within the 120-day time limit set by the rule.