LaRoche v. Chapman

Motion for leave to file motion for new trial; res judicata. In 1997, defendant was convicted of aggravated murder, aggravated burglary, and aggravated robbery. His convictions were affirmed on direct appeal. In 2001 and 2006, defendant filed motions for new trial alleging witnesses recanted or changed their testimony. Those motions were denied, and appeals of those motions were dismissed. In 2018, defendant filed several motions seeking a determination that the State withheld evidence. The trial court denied those motions, and defendant failed to appeal those motions. In 2024, defendant filed a motion for leave to file a motion for new trial arguing the State withheld evidence and trial witnesses recanted or changed their testimony. The trial court denied the motion for leave. Because the doctrine of res judicata bars all subsequent new trial motions that are based on claims that were brought or could have been brought on direct appeal or in prior motions filed under Crim.R. 33, the court affirmed the trial court's denial of the motion for leave.