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State v. Bradley

Court of Appeals of Ohio, Third District, Van Wert

July 30, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
GREGORY E. BRADLEY, DEFENDANT-APPELLANT.

          Appeal from Van Wert Common Pleas Court Trial Court No. CR 09-03-038

          Gregory E. Bradley, Appellant

          OPINION

          ZIMMERMAN, J.

         {¶1} Appellant, Gregory Bradley ("Bradley") appeals from the January 29, 2018 judgment entry of the Van Wert Common Pleas Court denying his motion for a new trial. Because we find the denial was proper, we affirm the trial court's decision.

         Facts and Procedural History

         {¶2} On July 9, 2009, Bradley was convicted, pursuant to a jury verdict, of one count of rape and one count of gross sexual imposition in the Van Wert County Common Pleas Court. Thereafter, the trial court sentenced Bradley to a prison term of fifteen years to life on the rape count, and a five-year prison term on the gross sexual imposition count, to be served concurrently. Bradley appealed, and in November, 2010, we affirmed the judgment of the trial court.[1] Subsequently, Bradley has filed numerous petitions for post-conviction relief, all of which were denied by the trial court and by this Court on appeal.[2]

         {¶3} On December 21, 2017, Bradley filed a "motion for new trial" in the trial court. (Doc. 171). On January 29, 2018, the trial court denied the motion ruling that Bradley's request for a new trial was filed out of time pursuant to Crim.R. 33. (Doc. 175).

         {¶4} It is from this judgment that Bradley appeals, raising the following assignments of error for our review.

ASSIGNMENT OF ERROR NO. I
THE TRIAL COURT OF VAN WERT COUNTY FOR THE STATE OF OHIO HAS VIOLATED EVIDENCE RULES 807(A)(1) - EVIDENCE RULE 807(A)3) AND CRIM.R.33(A)(1) THROUGH CRIM.R.33(A)(6).
ASSIGNMENT OF ERROR NO. II
THE PROSECUTION CLAIMS THAT MR. BRADLEY'S REQUEST FOR A NEW JURY TRIAL DOES NOT COMPLY WITH CRIM.R.33(A)(2), THE PROSECUTION IS IN ERROR.
ASSIGNMENT OF ERROR NO. III
THE PROSECUTION CLAIMS THAT MR. BRADLEY'S REQUEST FOR A NEW JURY TRIAL DOES NOT COMPLY WITH CRIM.R.33(A)(4), THE ...

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