State v. Green
2010 Ohio 6271
Ohio Ct. App.2010Background
- Green, Sr. appeals the Mahoning County Court of Common Pleas' denial of leave to file a delayed Crim.R. 33(A)(6) motion for new trial based on newly discovered evidence from co-defendant Hunter.
- Green was convicted of complicity to commit aggravated murder and kidnapping; he received life imprisonment for murder and ten years for kidnapping, and the conviction was affirmed on direct appeal.
- The case has a history of prior post-trial motions, including an evidentiary hearing and a dubious affidavit, linked to Hunter, Logan, and others who testified for the state.
- On November 12, 2009, Green moved for leave to file a delayed motion for new trial; the trial court denied on December 4, 2009.
- This court granted a delayed appeal due to notice issues surrounding the trial court’s entry and the former counsel’s knowledge, and Green asserts three assignments of error on appeal.
- The court held that the delay in filing was unreasonable and that res judicata barred addressing some issues raised by Green.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied leave for a delayed motion for new trial. | Green argues newly discovered Hunter statements contradict trial testimony. | State argues evidence not newly discovered and delay unreasonable; court did not abuse discretion. | No abuse; leave denied |
| Whether the State violated separation orders affecting a fair trial barrier and due process. | State violated separation by housing co-defendants in the same jail pod. | Res judicata bars this claim since it could have been raised at trial or on direct appeal. | Barred by res judicata |
| Whether the conditional release of witnesses was wrongly allowed, violating Fifth, Sixth, and Fourteenth Amendments. | Green contends conditional release of material witnesses affected trial outcome. | Res judicata bars raising this issue now since it could have been challenged earlier. | Barred by res judicata |
Key Cases Cited
- State v. Hawkins, 66 Ohio St.3d 339 (1993) (abuse of discretion standard for new-trial rulings)
- State v. Adams, 62 Ohio St.3d 151 (1980) (abuse of discretion and standards for reviewing trial court decisions)
- State v. Walden, 19 Ohio App.3d 141 (1984) (unavoidably prevented from discovery standard under Crim.R. 33)
- State v. Fortson, 2003-Ohio-5387 (8th Dist.) (burden of proving unavoidably prevented discovery)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims that could have been raised on trial or appeal)
- State v. Unsworth, 2010-Ohio-398 (10th Dist.) (reasonable delay consideration in Crim.R. 33 context)
- State v. Lordi, 149 Ohio App.3d 627 (2002) (leave of court required for timely new-trial motions)