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State v. Cashin

Court of Appeals of Ohio, Tenth District

December 28, 2017

State of Ohio, Plaintiff-Appellee,
v.
Christopher E. Cashin, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 08CR-3899.

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

          The Law Office of Eric J. Allen, Ltd., and Eric J. Allen, for appellant.

         Argued:

          Steven L. Taylor.

          Eric J. Allen.

          DECISION

          KLATT, J.

         {¶ 1} Defendant-appellant, Christopher E. Cashin, appeals a judgment of the Franklin County Court of Common Pleas that denied his motion for leave to file a delayed motion for a new trial. For the following reasons, we affirm that judgment.

         {¶ 2} On February 27, 2009, a jury found Cashin guilty of one count of kidnapping, one count of rape, two counts of gross sexual imposition, and one count of felonious assault. The trial court sentenced Cashin to 25 years to life imprisonment.

         {¶ 3} Cashin was convicted for sexually abusing P.B., who was then ten years old, on the night of April 19 and 20, 2008. On that night, P.B. slept at the home of his maternal uncle, Joseph Midlick. Cashin and Midlick were good friends, and Cashin also stayed overnight at Midlick's home on April 19 and 20, 2008. While P.B. was sleeping in the basement, Cashin came downstairs. Cashin removed his clothes and P.B.'s clothes, and Cashin touched and licked P.B.'s "private." (Tr. at 39-40.) Cashin also forced P.B. to touch Cashin's "private." (Tr. at 41.)

         {¶ 4} The next day, P.B. told his mother, T.B., what had happened. T.B. called the Columbus Police Department. A Columbus police officer spoke with P.B. about the incident, and P.B. was taken to Nationwide Children's Hospital for an examination. During that examination, a nurse took a swab from P.B.'s neck because P.B. had told her that Cashin had licked him there. The swab tested positive for the presence of saliva. The major donor to the sample matched P.B.'s DNA, and the minor donor matched Cashin's DNA.

         {¶ 5} After Cashin was convicted, he appealed the judgment against him to this court. We affirmed that judgment. See State v. Cashin, 10th Dist. No. 09AP-367, 2009-Ohio-6419.

         {¶ 6} On July 19, 2016, Cashin filed two motions before the trial court: a motion for leave to file a delayed motion for a new trial and a motion for a new trial. In his motions, Cashin contended that he had recently discovered evidence that warranted a new trial. Cashin's newly ...


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