STATE v. DAVIS

No. 2009-2028.

131 Ohio St.3d 1 (2011)

2011-Ohio-5028

THE STATE OF OHIO, Appellee, v. DAVIS, Appellant.

Supreme Court of Ohio.

Decided October 4, 2011.


Attorney(s) appearing for the Case

Kenneth W. Oswalt , Licking County Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Stephen P. Hardwick and Randall L. Porter , Assistant Public Defenders, for appellant.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin and Cullen Sweeney , Assistant Public Defenders, urging reversal for amici curiae Ohio Association of Criminal Defense Lawyers and Cuyahoga County Public Defender.

Davis, Polk, & Wardwell, L.L.P., Sharon Katz , Sarah E. Malkerson , Sagar K. Ravi , and Edward Sherwin , urging reversal for amicus curiae The Innocence Network.


LANZINGER, J.

{¶ 1} This appeal by defendant-appellant, Roland Davis, involves a capital case in which we are asked to determine two jurisdictional issues: (1) whether a court of appeals has jurisdiction to consider an appeal of a trial court's order denying a motion for a new trial in a death-penalty case and (2) whether a trial court has jurisdiction to consider a motion for a new trial1 based on newly discovered

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