State v. Davis

{¶ 1} This appeal by defendant-appellant, Roland Davis, involves a capital case in which we are asked to determine two jurisdictional issues: (1) whether a court of appeals has jurisdiction to consider an appeal of a trial court’s order denying a motion for a new trial in a death-penalty case and (2) whether a trial court has jurisdiction to consider a motion for a new trial 1 based on newly discovered evidence in light of State ex rel. Special Prosecutors v. Judges, Court of Common Pleas (1978), 55 Ohio St.2d 94, 9 O.O.3d 88, 378 N.E.2d 162. We hold that the trial court would have had…