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STATE v. PEALS

Court of Appeals No. L-10-1035.

2010 Ohio 5893

State of Ohio, Appellee, v. Earnest Lorenzo Peals, Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided: December 3, 2010.

Attorney(s) appearing for the Case

Julia R. Bates , Lucas County Prosecuting Attorney, and David F. Cooper , Assistant Prosecuting Attorney, for appellee.

Deborah Kovac Rump , for appellant.

DECISION AND JUDGMENT

COSME, J.

{¶ 1} This appeal arises from the trial court's dismissal of appellant's delayed motion for a new trial on charges of aggravated murder and kidnapping, which was accompanied by affidavits in which two of the state's witnesses recanted their trial testimony that appellant had shot the victim. Appellant claims that the trial court abused its discretion in dismissing the motion without...

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