STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ROBERT WILSON, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Seventh District, Mahoning County.https://leagle.com/images/logo.png
Dated: March 30, 2012.
Dated: March 30, 2012.
Attorney(s) appearing for the Case
Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.
Attorney Jana DeLoach, P.O. Box 2385, Akron, Ohio 44309, for Defendant-Appellant.
Joseph J. Vukovich, Gene Donofrio, Mary DeGenaro, Judges.
Court of Appeals of Ohio, Seventh District, Mahoning County.
OPINION
VUKOVICH, J.
{¶ 1} Defendant-appellant Robert Wilson appeals from the Mahoning County Common Pleas Court's decision denying his Crim.R. 33 Motion for Leave to file a Delayed Motion for New Trial. Wilson asserts the affidavits attached to the motion establish by clear and convincing evidence he was unavoidably prevented from discovering the new evidence. The state disagrees claiming that the time from discovery of the information...
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