STATE v. COVENDER

C.A. No. 11CA010093.

2012 Ohio 6105

STATE OF OHIO, Appellee, v. JOEL COVENDER, Appellant.

Court of Appeals of Ohio, Ninth District, Lorain County.

December 26, 2012.


Attorney(s) appearing for the Case

W. SCOTT RAMSEY , Attorney at Law, for Appellant.

DENNIS P. WILL , Prosecuting Attorney, and NATASHA RUIZ GUERRIERI , Assistant Prosecuting Attorney, for Appellee.


DECISION AND JOURNAL ENTRY

DICKINSON, Judge.

INTRODUCTION

{¶1} Joel Covender has appealed the trial court's denial of his third motion for leave to file a delayed motion for new trial based on newly discovered evidence. The trial court denied him leave because it determined that he had not proven that he was "unavoidably prevented" from the discovery of the evidence upon which he must rely as required by Rule 33(B) of the Ohio...

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