STATE v. HOUSTON

No. 90780.

2009 Ohio 224

State of Ohio, Plaintiff-Appellant, v. Darrell Houston, Defendant-Appellee.

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

RELEASED: January 22, 2009.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Thorin Freeman, Jon W. Oebker, Assistant County Prosecutors, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, OH 44113, Attorneys for Appellant.

Rufus Sims, 75 Public Square, Suite 1111, Cleveland, OH 44113, Attorney for Appellee.

Before: Stewart, J., Calabrese, P.J., and Kilbane, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.

{¶ 1}The state of Ohio appeals from an order that granted defendant-appellee Darrell Houston's motion for a new trial. The state complains that the court erred by granting Houston leave to file a motion for a new trial and by finding that Houston presented new, material evidence to warrant a new trial. We find no abuse of discretion and affirm.

I

{¶ 2}The...

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