State v. Baldwin, 2011 Ohio 3205

Indicted July 15, 2005 for grand theft by continuous conduct (May 1, 2004–Jan 14, 2005) involving credit-card charge backs from employer to Baldwin's personal account.
Convicted after jury trial on Jan 9, 2006; sentenced to 16 months, with judicial release on Apr 17, 2006.
Appellate court affirmed conviction in Baldwin I (2007-Ohio-3511); subsequent related federal wage-law suit settled.
Baldwin filed a wage-fraud suit against Midwest Direct in federal court; settlement followed.
Nov 18, 2008, Baldwin moved for new trial on newly discovered evidence; trial court denied (June 15, 2009); this court affirmed denial in Baldwin II.
Aug 9, 2010 Baldwin again moved for a new trial on newly discovered evidence, misconduct of witnesses, and delayed discovery; the trial court denied on Oct 27, 2010.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion denying the new-trial motions.	Baldwin II controls; new evidence and delay bar.	State contends no unavoidably delayed discovery; evidence not material.	No abuse; res judicata and evidence insufficient to warrant a new trial.

State v. Petro, 148 Ohio St. 505 (1947) (guides newly discovered evidence standard and procedural requirements)
State v. Lopa, 96 Ohio St. 410 (1917) (abuse-of-discretion standard in new-trial rulings; deference to trial court)
State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata applicability to post-conviction claims; claims must be raised on direct appeal or show void/voidable judgment by new evidence)
State v. Perry, 10 Ohio St.2d 175 (1967) (syllabus on res judicata and due-process defenses in post-conviction proceedings)
State v. Reynolds, 79 Ohio St.3d 158 (1997) (preclusion by res judicata; could not raise issue if not raised on direct appeal)