STATE v. McGHEE

Appellate No. 24719.

2012 Ohio 2799

STATE OF OHIO, Plaintiff-Appellee, v. ROBERT McGHEE, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on June 22, 2012.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR., by R. LYNN NOTHSTINE, Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

THOMAS HAHN, Atty. Reg. #0086858, Post Office Box 341688, Beavercreek, Ohio 45432, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Robert McGhee appeals from the trial court's denial of his motion for leave to seek a new trial under Crim.R. 33.

{¶ 2} McGhee advances three assignments of error on appeal. First, he contends the trial court erred in finding statements in an affidavit in support of his motion to be inadmissible hearsay. Second, he claims the trial court erred in finding that the affidavit contradicted his...

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