STATE v. McCONNELL

Appellate No. 24315.

2011 Ohio 5555

State of Ohio, Plaintiff-Appellee, v. Michael McConnell, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on October 28, 2011.


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

JAY A. ADAMS , Atty. Reg. #0072135, 424 Patterson Road, Dayton, Ohio 45419, Attorney for Defendant-Appellant


OPINION

WAITE, J. (Sitting by Assignment)

{¶ 1} This is Appellant Michael McConnell's third appeal concerning his June 2003 conviction for the rape of his eight-year-old daughter. Appellant initially appealed his conviction, which was affirmed. Appellant then sought leave to file a motion for new trial in 2006. The trial court denied his motion without a hearing, Appellant appealed, and we remanded for a hearing on his motion. On remand...

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