State v. Davis, 131 Ohio St. 3d 1

Davis was convicted of aggravated murder, murder, kidnapping, aggravated burglary, and aggravated robbery in 2005 for the Elizabeth Sheeler killing; sentenced to death and affirmed on direct appeal.
Davis sought postconviction relief in 2008; petition dismissed without an evidentiary hearing, which the court of appeals affirmed and this court declined jurisdiction.
In October 2008 Davis filed a motion for leave to file a motion for a new trial based on newly discovered evidence (Dr. Mueller DNA affidavit).
Mueller opined that the state’s DNA evidence was questionable for four reasons, potentially undermining crucial DNA testimony.
The trial court denied the motion for a new trial; the Fifth District Court of Appeals held the trial court lacked jurisdiction under Special Prosecutors.
This court granted discretionary review to resolve whether appellate and trial courts have jurisdiction to hear a motion for a new trial based on newly discovered evidence in a death-penalty case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Court of appeals jurisdiction over new-trial appeal	Davis argues appellate review is available under the amendments and statutes.	State contends the death-penalty amendments vest direct Supreme Court review and strip appellate review of postjudgment motions.	Court of appeals has jurisdiction to review denial of motion for a new trial based on newly discovered evidence.
Trial court jurisdiction to decide new-trial motion	Trial court can decide based on newly discovered evidence after conviction affirmed.	Special Prosecutors reasoning bars postjudgment motions; trial court loses jurisdiction after appeal unless remanded.	Trial court retains jurisdiction to decide a new-trial motion based on newly discovered evidence in a capital case where death sentence was affirmed on appeal.

State v. Smith, 80 Ohio St.3d 89 (1997) (constitutional amendments limit direct review but govern overall death-penalty review)
Special Prosecutors, 55 Ohio St.2d 94 (1978) (trial court loses jurisdiction when appeal taken; remand may be needed)
Ishmail v. State, 54 Ohio St.2d 402 (1978) (reviewing court limited to record thus affidavit not considered on direct appeal)
Cordray v. Marshall, 123 Ohio St.3d 229 (2009) (law-of-the-case considerations and postconviction constraints in Ohio)
Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law-of-the-case doctrine governs subsequent proceedings)
State v. Elmore, 122 Ohio St.3d 472 (2009) (direct-appeal scope and postconviction considerations in capital cases)
State v. Ketterer, 126 Ohio St.3d 448 (2010) (postconviction and appellate interaction in capital cases)