Legal Opinion

State v. Thomas

Ohio Court of Appeals

Decided June 21, 2017No. NOS. C–150581; C–150555PublishedCited by 13 opinions

1Opinion of the Court

Miller, Judge.

{¶ 1} Today, we hold that a motion for leave under Crim.R. 33(B) to file a motion for a new trial must be filed within a reasonable time of the defendant's discovery of new evidence. Our holding aligns us with all nine of our sister appellate districts to visit this issue.

{¶ 2} Defendant-appellant Lewis Thomas III appeals from the Hamilton County Common Pleas Court's judgment overruling his Crim.R. 33(B) motion for leave to file a motion for a new trial. We dismiss the case numbered C-150555, because that appeal purports to be taken from a September 14, 2015 entry, but the…

2Cases cited7 opinions

  1. State v. SchiebelOhio Supreme Court · 1990
  2. State v. Berry, 06ap-803 (5-10-2007)Ohio Court of Appeals · 2007
  3. State v. Cleveland, 08ca009406 (2-2-2009)Ohio Court of Appeals · 2009
  4. State v. BrownOhio Court of Appeals · 2010
  5. State v. Willis, L-06-1244 (8-3-2007)Ohio Court of Appeals · 2007

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3Cited by13 opinions

  1. State v. Bethel (Slip Opinion)Ohio Supreme Court · 2022
  2. State v. SmithOhio Court of Appeals · 2019
  3. State v. MartinOhio Court of Appeals · 2022
  4. State v. ApanovitchOhio Court of Appeals · 2020
  5. State v. Gavin, Court of Appeals of Ohio, Fourth District, Scioto County2018

8 more not listed; retrieve them via the Exa API.

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