The bill amends the Revised Code to enhance the procedures for filing motions for new trials and petitions for postconviction relief, particularly in cases involving newly discovered evidence. It introduces new language in section 2945.79, allowing individuals to seek a new trial if they present evidence that could significantly alter the trial's outcome. The bill also establishes that motions related to newly discovered evidence can be filed at any time after a verdict, as detailed in the new section 2945.811. Additionally, it clarifies the conditions for granting a new trial by replacing the phrase "affecting his substantial rights" with "that affect the fairness of the defendant's trial or that demonstrate a miscarriage of justice," thereby providing a clearer framework for defendants seeking relief.
Moreover, the bill modifies the criteria for petitions for postconviction relief, especially for death-sentenced individuals, by removing limitations on the length of petitions and allowing for more comprehensive submissions. It introduces a new category for petitions that permits prosecuting attorneys' responses to exceed specified limits if necessary. The bill mandates that courts consider timely filed petitions even if a direct appeal is pending and requires detailed findings when dismissing or denying relief. It also stipulates that only the Supreme Court may stay the execution of a death sentence upon petition filing and outlines conditions for appointing counsel for indigent defendants, ultimately streamlining the legal framework for postconviction relief and enhancing access to justice.
Statutes affected: As Introduced: 181.25, 2929.06, 2945.79, 2945.80, 2945.81, 2953.21, 2953.23