State v. Stein
2014 Ohio 222
Ohio Ct. App.2014Background
- Appellant Matthew Stein was convicted in 2005 of felonious assault and child endangering after a trial premised on Shaken Baby Syndrome.
- He was sentenced to the maximum eight years for felonious assault; child endangering was not separately sentenced as allied offense.
- In 2013 Stein moved for leave to file a motion for a new trial based on newly discovered evidence and SBS-related theories.
- The evidence argued included a lipid disorder theory from Dr. Laposata and changes in SBS understanding from Dr. Plunkett; Stein claimed Dr. Steiner’s opinion had shifted since trial.
- The trial court denied the motion for leave to file a motion for a new trial in May 2013, and Stein appealed.
- The appellate court affirmed, determining no abuse of discretion and that the evidence was not newly discovered within Crim.R. 33.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying leave to file a motion for a new trial | Stein argues newly discovered evidence warrants a new trial | State argues evidence was available in 2005 and not newly discovered | No abuse of discretion; denial affirmed |
Key Cases Cited
- Petro, 148 Ohio St. 505 (1947) (standard for newly discovered evidence in new-trial motions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard requires reasonableness)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (1993) (abuse of discretion depends on entire record; cannot substitute own judgment)
- State v. Holcomb, 18 Ohio St.3d 361 (1985) (clear and convincing proof standard for unavoidably prevented discovery)