State v. Gray, 2012 Ohio 2194

Gray was convicted in 2008 of aggravated murder with a firearm specification and weapon under disability, sentenced to 28 years to life.
Appellate court affirmed the convictions in 2009 (State v. Gray, 8th Dist. No. 90981).
In 2009 Gray moved for a new trial on newly discovered evidence, attaching Donan’s affidavit; the trial court denied and he did not appeal.
In 2009 Gray again moved for a new trial based on Love’s recantation; remanded for a hearing after this court found error in the denial, a hearing was held, and the motion was denied.
Gray appeals raising two assignments: due process at the new-trial hearing and ineffective assistance for not seeking immunity for Love.
The court affirms the denial of the motion for a new trial and rejects both assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the new-trial hearing violate due process?	Gray	Gray	No due process violation; no coercion or intimidation found.
Was counsel ineffective for not seeking immunity for Love?	Gray	Gray	No ineffective assistance; immunity not sought and Love testified voluntarily.

State v. Bradley, 101 Ohio App.3d 752 (8th Dist. 1995) (newly discovered evidence scrutiny; credibility of recantations)
State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility determinations are for the trial court)
State v. Schiebel, 55 Ohio St.3d 71 (1990) (abuse of discretion standard for granting/denying new trials)
State ex rel. Leis v. Outcalt, 1 Ohio St.3d 147 (1982) (immunity only as prosecutorial tool; conditions for granting immunity)
State v. Madrigal, 87 Ohio St.3d 378 (2000) (ineffective assistance standard (Strickland) applied in Ohio)