State v. Bush, 08ap-627 (2-3-2009)

OPINION

{¶ 1} Appellant, Delvon L. Bush ("appellant"), filed this appeal seeking reversal of a judgment by the Franklin County Court of Common Pleas denying his motion for leave to file a motion for new trial. For the reasons that follow, we affirm the trial court's judgment.

{¶ 2} Appellant and co-defendant Daylan Caldwell ("Caldwell") were indicted on a number of charges, including aggravated murder, arising from the April 30, 2001 death of Clinton Andrix. The charges against appellant were severed from those against Caldwell prior to trial. The first trial involving the charges against…