State v. Golden
2014 Ohio 2148
Ohio Ct. App.2014Background
- Travis Golden was convicted by a jury in February 2001 of murder and improperly discharging a firearm; sentenced to 21 years to life.
- He unsuccessfully appealed and later filed postconviction and Crim.R. 33 motions in prior proceedings; those were denied and prior appeals affirmed.
- In September 2013, Golden filed a Crim.R. 33 motion for a new trial based on alleged newly discovered evidence: an affidavit from Keith Alexander claiming another inmate (Lee Gill) solicited testimony in exchange for a lighter sentence.
- The trial court denied the 2013 motion because it was filed well beyond Crim.R. 33(B)’s 120-day deadline and Golden did not first obtain leave to file a delayed motion.
- Golden appealed, arguing Crim.R. 33(B)’s time limits violated his Sixth and Fourteenth Amendment rights (compulsory process and due process) and that denial of a new trial deprived him of those constitutional rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by denying a Crim.R. 33 new-trial motion filed after the 120-day limit without leave | State: Denial proper because Golden failed to obtain leave as required by Crim.R. 33(B) for an untimely motion | Golden: He had newly discovered evidence (Alexander affidavit) and was entitled to a new trial; Crim.R. 33(B) time bar conflicts with his constitutional rights | Court: No abuse of discretion — motion untimely and leave was not sought, so denial proper |
| Whether Crim.R. 33(B) is unconstitutional as applied because it prevents presentation of potentially exculpatory evidence | State: Rule valid and enforceable; Golden waived constitutional challenge by not raising it below | Golden: Time limits effectively deny his Sixth and Fourteenth Amendment rights (compulsory process and due process) | Court: Constitutional challenge waived for failure to raise in trial court; in any event rule enforced and no relief granted |
Key Cases Cited
- State v. Schiebel, 55 Ohio St.3d 71 (Crim.R. 33 motions reviewed for abuse of discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion defined as unreasonable, arbitrary, or unconscionable)
- State v. Awan, 22 Ohio St.3d 120 (failure to raise constitutional challenge at trial generally waives it)
- In re M.D., 38 Ohio St.3d 149 (limitation on Awan cited in opinion)