from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Steven L. Taylor, for
Law Office of Eric J. Allen, Ltd., and Eric J. Allen, for
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
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
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.
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.
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 ...