Cases & Deals

Pro bono client secures a post-conviction hearing in the Ohio Supreme Court based on a change in scientific knowledge

Client(s) Innocence Network, The

Jones Day, on behalf of The Innocence Network, sought reversal of an order denying Mr. Grad a hearing on his motion for leave to seek a new trial—which was based on new scientific evidence supporting his innocence. The Ohio Supreme Court ruled in Mr. Grad's favor, holding (1) that new scientific discoveries that develop existing theories or change scientific understanding, and bear on the key evidence presented at trial, constitute newly discovered evidence under Ohio Criminal Rule 33, and (2) the evidence Mr. Grad presented is indeed new evidence. As a result, Mr. Grad is now entitled to a hearing on his motion for leave to file a motion for a new trial, where the trial court will give full consideration to Mr. Grad's new scientific evidence and determine whether he is entitled to a new trial. The Court's discussion regarding what constitutes new scientific evidence relies heavily on the Innocence Network's briefing. Although this decision makes just a minor procedural correction, it is a major win for Mr. Grad and other defendants/inmates who have been convicted based on outdated or junk scientific evidence. Going forward, the wrongly convicted have a mechanism to get through the courthouse doors and educate the legal system about shifts in science that ultimately bear on their innocence.

State of Ohio v. Kenneth A. Grad, No. 2023-0213 (Ohio)