OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 594 Bill Analysis
135th General Assembly
Click here for H.B. 594’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Jarrells and Williams
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Newly discovered evidence
New trial
▪ Allows a new trial, after a verdict of conviction, to be granted for specified causes that
materially affect the fairness of the defendant’s trial or that demonstrate a miscarriage
of justice.
▪ Creates an additional cause for a new trial when new evidence is discovered that, were
it to be considered at a new trial, would establish a strong probability of a different
result at trial.
▪ Specifies that a motion for a new trial based on that newly discovered evidence may be
filed at any time after the verdict is rendered.
▪ Requires that the motion for a new trial based on newly discovered evidence be filed
with supporting evidence and documentation.
▪ Requires the court to review the motion for a new trial based on newly discovered
evidence and any supporting evidence, documentation, and other materials related to
the case.
▪ After reviewing the materials, requires the court to dismiss the motion for a new trial
based on newly discovered evidence if the court finds that the motion is patently
frivolous.
▪ If the court does not dismiss the motion for a new trial based on newly discovered
evidence, allows the parties to obtain discovery.
▪ After the court reviews the materials and discovery is completed, requires the court to
promptly hold a hearing on the motion for a new trial based on newly discovered
evidence.
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▪ Requires the court to grant the motion if the court finds that the newly discovered
evidence, were it to be considered at trial, would establish a strong probability of a
different result at trial.
▪ Requires the court to deny the motion if the court does not find that the newly
discovered evidence, were it to be considered at trial, would establish a strong
probability of a different result at trial.
▪ Allows the court to appoint counsel to represent a person who files a motion for a new
trial based on newly discovered evidence upon a finding that the person is indigent,
unless the court finds that the motion is patently frivolous.
Post-conviction relief
▪ Creates an additional ground for post-conviction relief when a person produces newly
discovered evidence that, were it to be considered at a new trial, would establish a
strong probability of a different result at trial.
▪ Allows any person filing a petition for post-conviction relief to obtain discovery under
the existing Post-Conviction Relief Law, rather than only a person who has been
sentenced to death.
▪ Specifies that a petition for post-conviction relief based on newly discovered evidence
may be filed at any time after the expiration of the time for filing an appeal.
▪ Unless the petition for post-conviction relief based on newly discovered evidence is
patently frivolous, requires the court to hold a hearing on the issues 30 days after the
prosecuting attorney is required to respond by answer or motion.
▪ Requires the court to grant the petition and issue findings of fact if the court finds that
the newly discovered evidence, were it to be considered at trial, would establish a
strong probability of a different result at trial.
▪ Requires the court to deny the petition and issue findings of fact if the court does not
find that the newly discovered evidence, were it to be considered at trial, would
establish a strong probability of a different result at trial.
▪ Requires the court to appoint counsel to represent a person who files a petition for
post-conviction relief based on newly discovered evidence upon a finding that the
person is indigent, unless the court finds that the motion is patently frivolous.
TABLE OF CONTENTS
Newly discovered evidence ............................................................................................................ 3
New trial ...................................................................................................................................... 3
Cause for new trial.................................................................................................................. 3
Motion for new trial ............................................................................................................... 4
Court consideration and discovery......................................................................................... 5
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Court-appointed counsel ........................................................................................................ 6
Definitions .............................................................................................................................. 6
Post-conviction relief .................................................................................................................. 6
Grounds for post-conviction relief ......................................................................................... 6
Discovery ................................................................................................................................ 7
Petition for post-conviction relief and answer..................................................................... 10
Court consideration .............................................................................................................. 11
Court-appointed counsel ...................................................................................................... 12
Definitions ............................................................................................................................ 13
Cross references ................................................................................................................... 13
DETAILED ANALYSIS
Newly discovered evidence
New trial
The bill allows a new trial, after a verdict of conviction, to be granted on the application
of the defendant for specified causes that materially affect the fairness of the defendant’s trial
or that demonstrate a miscarriage of justice. Under current law, a new trial, after a verdict of
conviction, may be granted on the application of a defendant for specified causes affecting
materially the defendant’s substantial rights.1
Cause for new trial
The bill creates an additional cause for a new trial. When new evidence2 is discovered
that, were it to be considered at a new trial, would establish a strong probability of a different
result at trial, the court may grant a new trial.3 The causes must be sustained by affidavit
showing their truth, and may be controverted by affidavit and other documentary evidence in
support of the claim for relief.4
Under current law, the following causes for new trial exist:5
1 R.C. 2945.79.
2 There are two causes for a new trial based on newly discovered evidence; one created by the bill in
R.C. 2945.79(G) and one that exists in current law in R.C. 2945.79(F). When the analysis discusses a
cause for newly discovered evidence the reference is to the one created by the bill unless otherwise
indicated or unless the context clearly indicates otherwise.
3 R.C. 2945.79(G).
4 R.C. 2945.81(B).
5 R.C. 2945.79(A) to (F).
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▪ Irregularity in the proceedings of the court, jury, prosecuting attorney, or the witnesses
for the state, or for any order of the court, or abuse of discretion by which the
defendant was prevented from having a fair trial;
▪ Misconduct of the jury, prosecuting attorney, or the witnesses for the state;
▪ Accident or surprise which ordinary prudence could not have guarded against;
▪ That the verdict is not sustained by sufficient evidence or is contrary to the law; but if
the evidence shows that defendant is not guilty of the degree of the crime for which the
defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime
included therein, the court may modify the verdict or finding accordingly, without
granting or ordering a new trial, and pass sentence on such verdict or finding as
modified, provided that this power extends to any court to which the cause may be
taken on appeal;
▪ Error of law occurring at the trial;
▪ When new evidence is discovered material to the defendant, which the defendant could
not with reasonable diligence have discovered and produced at trial. When a motion for
new trial is made upon the ground of newly discovered evidence, the defendant must
produce at the hearing of said motion, in support thereof, the affidavits of the witnesses
by whom such evidence is expected to be given, and if time is required by the
defendants to procure such affidavits, the court may postpone the hearing of the
motion for such length of time as under all the circumstances of the case is reasonable.
The prosecuting attorney may produce affidavits or other evidence to impeach the
affidavits of such witnesses.
Motion for new trial
The bill requires that an application for a new trial based on newly discovered evidence
that, were it to be considered at a new trial, would establish a strong probability of a different
result at trial, be made by written motion and may be filed at any time after the verdict is
rendered.6
Under current law, a motion for a new trial based on the first five dot points under
“Cause for new trial,” above, must be filed within three days after the verdict was
rendered, or the decision of the court where a trial by jury has been waived, unless it is made to
appear by clear and convincing proof that the defendant was unavoidably prevented from filing
a motion for a new trial in which case it must be filed within three days from the order of the
court finding that the defendant was unavoidably prevented from filing such motion within the
time provided.7 An application for new trial based on the final dot point under “Cause for
new trial,” above, must be filed within 120 days following the day upon which the verdict
6 R.C. 2945.80(C).
7 R.C. 2945.80(A).
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was rendered, or the decision of the court where trial by jury has been waived. If it is made to
appear by clear and convincing proof that the defendant was unavoidably prevented from the
discovery of the evidence upon which the defendant must rely, such motion must be filed
within three days from an order of the court finding that the defendant was unavoidably
prevented from discovering the evidence within the 120-day period.8
▪ The bill requires that the motion for a new trial based on newly discovered evidence
that, were it to be considered at a new trial, would establish a strong probability of a
different result at trial, include all of the following:9
▪ Specific, nonconclusory facts identifying the newly discovered evidence;
▪ An explanation of how the newly discovered evidence entitles the defendant to relief;
▪ An explanation of why the newly discovered evidence was not proffered at trial or at
any pretrial proceedings in the case;
▪ Any supporting evidence or documentation.
Court consideration and discovery
The bill requires the court, before granting a hearing on a motion for a new trial based
on newly discovered evidence, to review, in addition to the motion and supporting evidence or
documentation described under “Motion for new trial,” above, the supporting affidavits
and the documentary evidence, all the files and records pertaining to the proceedings against
the defendant, including the indictment, the court’s journal entries, the journalized records of
the clerk of the courts, and the court reporter’s transcript.10
If, after reviewing the materials described above, the court finds that the motion is
“patently frivolous,” the bill requires the court to dismiss the motion for a new trial based on
newly discovered evidence.11
If the court does not dismiss the motion for a new trial based on newly discovered
evidence, the bill allows the parties to obtain discovery in accordance with the Ohio Rules of
Civil Procedure.12
After the court reviews the materials described above and after discovery is completed,
the bill requires the court to promptly hold a hearing on the motion for a new trial based on
newly discovered evidence.13
8 R.C. 2945.80(B).
9 R.C. 2945.811(B).
10 R.C. 2945.811(C).
11 R.C. 2945.811(D).
12 R.C. 2945.811(E).
13 R.C. 2945.811(F).
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If the court finds that the newly discovered evidence, were it to be considered at a new
trial, would establish a strong probability of a different result at trial, the bill requires the court
to grant the motion for a new trial. If the court does not find that the newly discovered
evidence would establish a strong probability of a different result at trial, the bill requires the
court to deny the motion for a new trial.14
Court-appointed counsel
The bill allows the court to appoint counsel to represent a person who files a motion for
a new trial based on newly discovered evidence upon a finding that the person is indigent,
unless the court, after reviewing the materials described above, finds that the motion is
“patently frivolous.”15
Definitions
The bill defines “patently frivolous” as offering evidence that, even if true, would not
satisfy the standard for a new trial based on newly discovered evidence, that were it to be
considered at a new trial, would establish a strong probability of a different result at trial.16
Post-conviction relief
Under current law, a person may file a petition in a court that imposed sentence, stating
the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or
sentence or to grant other relief.17
Grounds for post-conviction relief
The bill creates an additional ground for post-conviction relief. When a person produces
newly discovered evidence that, were it to be considered at a new trial, would establish a
strong probability of a different result at trial, the court may grant post-conviction relief.18
Under continuing law, a petitioner may file a supporting affidavit and other documentary
evidence in support of the claim for relief.19
Under current law, the following grounds for post-conviction relief exist:20
▪ Any person who has been convicted of a criminal offense or adjudicated a delinquent
child and who claims that there was a denial or infringement of the person’s rights as to
render the judgment void or voidable under the Ohio Constitution or the
U.S. Constitution;
14 R.C. 2945.811(G).
15 R.C. 2945.811(H).
16 R.C. 2945.811(A).
17 R.C. 2953.21(B)(1)(a).
18 R.C. 2953.21(B)(1)(a)(v).
19 R.C. 2953.21(B)(1)(b).
20 R.C. 2953.21(B)(1)(a)(i) to (iv).
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▪ Any person who has been convicted of a criminal offense and sentenced to death and
who claims that there