03/22/2022

Case Caption Case No. Topics and Issues Author Citation
03/22/2022 Case Announcements  Merit decisions with opinions—Motion and procedural rulings—Miscellaneous dismissals.  
State v. Bethel (Slip Opinion) 2020-0648Criminal law—Successive postconviction motion—Suppression of evidence—R.C. 2953.23(A)(1)(b)—Defendant seeking to assert a claim under Brady v. Maryland is not required to show that he could not have discovered suppressed evidence by exercising reasonable diligence—Defendant must establish that allegedly suppressed evidence is material—Motion for new trial—Until a trial court grants leave to file a motion for a new trial, motion for a new trial is not properly before the court—Crim.R. 33 prescribes the circumstances under which a defendant may seek leave to file a motion for a new trial alleging that he was unavoidably prevented from discovering evidence but does not give a deadline by which leave must be sought—Trial court does not have discretion to deny leave to file a motion for a new trial based on failure to seek leave within a reasonable time after discovering new evidence.Fischer, J.Slip Opinion No. 2022-Ohio-783
Disciplinary Counsel v. Cox (Slip Opinion) 2021-0975Attorneys—Misconduct—Violations of the Rules of Professional Conduct, namely, engaging in sexual activity with a client in the absence of a preexisting consensual sexual relationship, knowingly making a false statement of material fact in connection with a disciplinary hearing, and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Two-year suspension with the second year stayed on conditions.Per CuriamSlip Opinion No. 2022-Ohio-784