Ohio § 2945.79

§ 2945.79.

A new trial, after a verdict of conviction, may be granted on the application of the

defendant for any of the following causes affecting materially his substantial rights: (A) 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; (B) Misconduct of the jury, prosecuting attorney, or the witnesses for the state; (C) Accident or surprise which ordinary prudence could not have guarded against; (D) That the verdict is not sustained by sufficient evidence or is contrary to law;  but

if the evidence shows the defendant is not guilty of the degree of crime for which

he 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; (E) Error of law occurring at the trial; (F) When new evidence is discovered material to the defendant, which he could not with

reasonable diligence have discovered and produced at the trial.  When a motion for a 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 defendant 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.