08/09/2022

Case Caption Case No. Topics and Issues Author Citation
State v. McNeal 2021-0744Criminal law—Crim.R. 33(B)—Motion for leave to move for a new trial—Crim.R. 33(B) permits a defendant in a criminal case to move for a new trial within the periods specified in the rule but excuses a defendant’s failure to file a timely motion when the defendant proves by clear and convincing evidence that he or she was unavoidably prevented from filing the motion within the prescribed time—Defendant’s motion for leave to move for a new trial made a prima facie showing that the state suppressed evidence favorable to him that tended to disprove an element of the rape charge of which he was convicted and tended to impeach the victim’s testimony—Defendant established a prima facie case that he was unavoidably prevented from moving for a new trial within the time specified in Crim.R. 33(B) due to the state’s suppression of the evidence—Court of appeals’ judgment reversed, and cause remanded to the trial court with instructions for it to grant defendant’s motion for leave to move for a new trial.Kennedy, J.Slip Opinion No. 2022-Ohio-2703
08/09/2022 Case Announcements  Merit decisions with opinions—Motion and procedural rulings—Miscellaneous dismissals—Mediation matters.  
08/09/2022 Case Announcements #2  Motion and procedural rulings.