State of Ohio, Plaintiff-Appellee,
v.
Brian Anthony Jamison, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on May 28, 2010.
Rendered on May 28, 2010.
Attorney(s) appearing for the Case
Mathias H. Heck, Jr., by Johnna M. Shia, Atty. Reg. #0067685, 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.
Brian Anthony Jamison, #549-327, Chillicothe Correctional Institution, Post Office Box 5500, Chillicothe, Ohio 45601, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Brian Jamison appeals from an order of the trial court denying his motion for leave to file an untimely motion for a new trial, under Crim. R. 33, without a hearing. From our review of the record, we conclude that the trial court correctly found that the "newly discovered" evidence upon which Jamison relies could, with reasonable diligence, have been discovered by him before trial. Accordingly...
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