State v. Dawson
Docket: 99-1883
Court: Ohio Supreme Court; November 23, 1999; Ohio; State Supreme Court
A conflict exists regarding the interpretation of Criminal Rules 33, 47, and 57(B) as they pertain to a trial court's authority to deny a motion for leave to file for a new trial without a hearing. The court certifies this question for review, specifically addressing two scenarios: 1) whether a motion based on newly discovered evidence, filed more than 120 days after a verdict, can be denied without a hearing, and 2) whether a motion filed later than 14 days after a verdict, asserting that the movant was unavoidably prevented from timely filing, can similarly be denied without a hearing if supported by affidavits. Justices Douglas, Resnick, and F.E. Sweeney dissent from the majority opinion. The case referenced for conflict is State v. Wright, 67 Ohio App.3d 827 (1990).