State v. McNeal
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The Supreme Court reversed the judgment of the court of appeals affirming the trial court's decision to overrule Defendant's motion for leave to move for a new trial, holding that the trial court abused its discretion in denying Defendant's motion for leave to move for a new trial.
After a jury trial, Defendant was found guilty of rape and sentenced to eleven years in prison. The court of appeals affirmed. Defendant subsequently filed a motion for leave to move for a new trial, asserting that certain undisclosed evidence was exculpatory. The trial court overruled the motion. The court of appeals affirmed, concluding that Defendant's motion for leave was untimely. The Supreme Court reversed, holding that Defendant's motion for leave to move for a new trial should be granted because he was unavoidably prevented from timely moving for a new trial within the time specified in Crim.R. 33(B) due to the state's suppression of evidence.
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