State v. Moore
2014 Ohio 358
Ohio Ct. App.2014Background
- Moore was convicted by jury in 1997 of aggravated murder and attempted aggravated murder, with firearm specifications; sentenced to life, 10–25 years, and 3 years for each firearm spec, consecutive.
- Evidence showed Moore at the 107 Park Avenue after-party where Jermaine Hopkins was killed; witnesses placed Moore with a gun and saw him shoot or cause shots.
- Trial witnesses testified Moore either pulled a gun or fired; multiple accounts connected him to the shooting at the after-dance party.
- In 2012 Moore moved for a new trial under Crim.R. 33 based on newly discovered evidence (affidavits claiming coerced statements by witnesses).
- The motion, filed more than 120 days after verdict, was denied; Moore sought leave of court to file an untimely Crim.R. 33 motion.
- The sole on-appeal issue asserted ineffective assistance of counsel for failing to obtain leave; the court reviewed abuse of discretion and timeliness under Crim.R. 33.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not seeking leave to file an untimely Crim.R. 33 motion | Moore argues counsel failed to obtain leave, prejudicing outcome. | State concedes no leave obtained but would deny regardless; no prejudice shown. | No deficient performance or prejudice; motion properly denied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (standard for ineffective assistance of counsel)
- State v. Hawkins, 66 Ohio St.3d 339 (Ohio Supreme Court, 1993) (trial court's discretion on new-trial motions)
- State v. Green, 2006-Ohio-3097 (7th Dist. 2006) (discretion in holding evidentiary hearings on Crim.R. 33 motions)
- State v. Lordi, 149 Ohio App.3d 627 (7th Dist. 2002) (leave of court required for out-of-time motions; clear and convincing standard)
- State v. Fortson, 2003-Ohio-5387 (8th Dist. 2003) (burden on defendant to show unavoidably prevented from discovering evidence)