State v. Green, Unpublished Decision (6-13-2006)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Defendant-Appellant, Kevin Green, appeals the decision of the Mahoning County Court of Common Pleas denying both his Motion for a New Trial and request for an evidentiary hearing. Because Green provided testimony from an eyewitness that constitutes newly discovered evidence and could arguably establish his innocence of two of the crimes of which he was convicted, his claim has merit. Although this evidence may not be enough in and of itself to say that Green deserves a new…