State v. Gavin, 2018 Ohio 536

Ronald E. Gavin was convicted at jury trial of multiple heroin-related offenses in 2013; one conviction (tampering) was later vacated on appeal but other convictions were affirmed.
Gavin filed a postconviction petition (Apr 2016) attaching affidavits asserting witnesses (jail inmates) would say two prosecution witnesses framed him by planting heroin; several affidavits dated July–Oct 2015 and Apr 2016.
The trial court denied the postconviction petition without an evidentiary hearing; this court dismissed that petition on jurisdictional/untimeliness grounds because Gavin admitted some evidence may have been available at trial and he did not show unavoidable prevention from discovering it.
In May 2017 Gavin sought leave to file a delayed motion for new trial based on newly discovered evidence (attaching four prior affidavits) and requested an evidentiary hearing; the trial court denied leave without a hearing as untimely and not showing unavoidable prevention.
Gavin also filed (July 2017) a renewed motion for independent forensic testing and fingerprint analysis; that denial was not included in his appeal and thus is not before the court.

Issue	Gavin's Argument	State/Trial Court's Argument	Held
Whether trial court erred by denying leave to file a delayed motion for new trial and by refusing an evidentiary hearing	Gavin: Affidavits constitute newly discovered evidence and warrant an evidentiary hearing; delay excused because evidence emerged after trial	Court: Gavin knew or could have known key grounds by trial or by mid-2015; he failed to show by clear and convincing evidence he was unavoidably prevented from timely filing and he unreasonably delayed seeking leave	Denied; no abuse of discretion in refusing leave or an evidentiary hearing
Whether trial court erred in denying renewed motion for independent testing and fingerprint analysis	Gavin: Denial violated due process and his rights to test evidence	State/Trial Court: Denial stands but order was not appealed in this case	Not considered on appeal — assignment not properly before court

State v. Seal, 75 N.E.3d 1035 (Ohio 2017) (discretion to deny evidentiary hearing on Crim.R. 33(B) leave when affidavits do not show unavoidable delay)
State v. Darmond, 986 N.E.2d 971 (Ohio 2013) (abuse-of-discretion standard and requirement that appellate court not substitute its judgment for trial court)
State v. Keenan, 38 N.E.3d 870 (Ohio 2015) (definition of abuse of discretion)
State v. Hill, 595 N.E.2d 884 (Ohio 1992) (trial court has discretion to decide whether a new-trial motion warrants an evidentiary hearing)