State v. Larkin

The state of Ohio brings this appeal, pursuant to leave granted by this court, from the judgment of the trial court granting the motion of the defendantappellee, Michael M. Larkin, for a new trial following his conviction for aggravated murder. In its sole assignment of error, the state argues that the trial court erred by granting the motion on the basis of newly discovered evidence when that evidence failed to meet the requirements of State v. Petro (1947), 148 Ohio St. 505, 36 O.O. 165, 76 N.E.2d 370. For the reasons that follow, we agree with the state and thus reverse.

I

Larkin was found…