STATE OF OHIO, Plaintiff-Appellee,
v.
ROGER DEAN GILLISPIE, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on April 13, 2012.
Rendered on April 13, 2012.
Attorney(s) appearing for the Case
MATHIAS H. HECK, JR. , by CARLEY J. INGRAM , Atty. Reg. #0020084, 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.
JIM PETRO , Atty. Reg. #0022096, 1933 Lake Shore Drive, Columbus, Ohio 43204 and MARK GODSEY , Atty. Reg. #0074484, Ohio Innocence Project, University of Cincinnati College of Law, Post Office Box 210040, Cincinnati, Ohio 45221, Attorneys for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Roger Gillispie appeals from an order of the trial court denying his motion for a new trial. He contends that the trial court abused its discretion both in holding that newly discovered evidence regarding an alternative suspect is inadmissible hearsay, and in finding that the evidence is not material to Gillispie's defense. We conclude that the newly discovered evidence is not hearsay because it...
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