State v. Thornton
2013 Ohio 2394
Ohio Ct. App.2013Background
- Kevin M. Thornton appealed a Clermont County Common Pleas Court denial of a delayed motion for a new trial and a postconviction relief petition.
- Thornton was convicted in 2008 of aggravated robbery and kidnapping with firearm specifications and sentenced to 12 years.
- DNA testing (Y-STR) on zip ties and a photogrammetric analysis of surveillance video were obtained via post‑conviction efforts led by the Ohio Innocence Project.
- Y-STR testing on the zip ties did not match Thornton or any officers; photogrammetry suggested the perpetrator was not Thornton given height estimates.
- The trial court denied both the delayed-new-trial motion and the PCR petition; the appellate court affirmed, ruling no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thornton showed unavoidably prevented discovery of new evidence to file a delayed motion for a new trial | Thornton, via the Ohio Innocence Project, argued unavoidably prevented discovery within 120 days | State contends no clear and convincing proof of unavoidable prevention | No abuse of discretion; not shown unavoidably prevented |
| Whether Thornton proved PCR eligibility and actual innocence under R.C. 2953.23 | DNA/photogrammetry could negate guilt and show actual innocence | Evidence did not establish unavoidably prevented discovery or actual innocence | PCR petition denied; no showing under R.C. 2953.23(A)(1) or (A)(2) |
Key Cases Cited
- State v. Petro, 148 Ohio St. 505 (Ohio 1947) (Crim.R. 33 standards for new trial on newly discovered evidence)
- State v. Mathis, 134 Ohio App.3d 77 (1st Dist. 1999) (guidelines for evaluating impact of newly discovered evidence)