STATE v. WHEAT

No. 93671.

2010 Ohio 4120

State of Ohio, Plaintiff-Appellee, v. Derrick Wheat, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: September 2, 2010.


Attorney(s) appearing for the Case

Sarah L. Bunce, Ashlie E. Case, John Q. Lewis, Jones Day, North Point, 901 Lakeside Avenue, Cleveland, Ohio 44114-1190, David M. Laing, Mark A. Godsey, Ohio Innocence Project, University of Cincinnati, P.O. Box 210040, Cincinnati, Ohio 45221, Keith A. Findley, 975 Bascom Mall, 4318H Law, Madison, WI 53706, Andrew J. Fuchs, Nicole Lerescu, Timothy A. Nelsen, Courtney E. Vanlonkhuyzen, 155 North Wacker Drive, Chicago, IL 60606, Innocence Network, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Matthew E. Meyer, Assistant County Prosecutors, Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Kilbane, P.J., Celebrezze, J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, P.J.

{¶ 1} Appellant, Derrick Wheat (Wheat),1 appeals the trial court's denial of his motion for new trial. He argues that newly discovered forensic evidence warrants a new trial in this matter.

{¶ 2} On June 13, 1995, Wheat and two codefendants, Laurese Glover (Glover) and Eugene Johnson (Johnson), were indicted for aggravated murder with...

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