State v. Grad

Summary

The Ohio Supreme Court reversed the Ninth District Court of Appeals and remanded the case, holding that the trial court abused its discretion by denying a hearing on Grad’s motion for leave to file a new‑trial motion. The Court further held that a defendant need only present prima facie evidence of newly discovered scientific evidence to obtain such a hearing, and that post‑trial scientific discoveries may constitute newly discovered evidence even when the underlying theories were known at trial. Justice Deters dissented, arguing the evidence was not newly discovered.