Ohio Appeal Court Process

An appeal is a proceeding in which a court reviews or retries a judgement that has been determined by another court.

All cases, except non-moving traffic violations, can be appealed.

During the appeals process, victims are not permitted to address the court.

A defendant's appeal is begun by the filing of a notice of appeal with the clerk of the trial court. A notice of appeal in criminal/civil cases must be filed within thirty (30) days of the judgement or order that is being appealed.

Appeals by the prosecution are also subject to the thirty (30) day limit; except when the appeal is from a order granting a defense motion to suppress evidence or return property. Then the time limit is reduced to seven (7) days from the date of entry into the official court record.

A motion for a new trial because of newly discovered evidence does not extend the time for appealing a judgement.

In civil and criminal cases, the thirty(30) day time limit begins from the entry of an order granting or denying the new motion.

The Court of Appeals cannot reduce or extend the time for filing a notice of appeal.

A notice of appeal must:

  1. Specify the party making the appeal;
  2. Identify the judgement, order or part of the record from which the appeal comes;
  3. Include the name of the court from which the appeal comes.

The clerk of the trial court must serve a copy of the notice, plus a copy of the docketing statement to all parties, by mail at the last known address.

If an appeal is filed on time, the court of appeals has discretion to allow amendments to the appeal.

There is no limit specified for bringing a delayed appeal, i.e., newly found evidence. The defendant in a criminal case may appeal by leave of the court of appeals.

The government, in a criminal case, may appeal certain orders as a right, and most others by leave of court order under ORC 2945.67. The government is not permitted to file a late appeal.

A case may be assigned to the accelerated calendar if:

  1. No transcript is required.
  2. Transcript is short and preparation will not cause delay.
  3. An agreed statement is submitted in lieu of a record.
  4. The record was made in an administrative hearing and filed with the trial court.
  5. All parties approve assignment to the accelerated calendar.
  6. Local rule designates the particular type of case for the accelerated calendar.

In an accelerated case the time for transmitting the record to the appellate court is cut from forty (40) to twenty (20) days. The time for filing briefs by the appellant and appellee is reduced from twenty (20) to fifteen (15) days.

A case may be transferred from the accelerated calendar to the regular calendar for good cause.

Source: Ohio Appellate Practice 1994-95; Judge Alba L. Whiteside; Banks-Baldwin Law Publishing Company; pgs. 51-59.

In appellate proceedings, no witnesses are called and there is no jury. Judges review the transcripts of the trial, read the lawyers' briefs and listen to oral arguments.

Only a small percentage of guilty findings are reversed.

Nearly ¾ of the trials end in guilty verdicts. Virtually all are appealed.

After sentencing, the convicted person can appeal to a higher court. The state cannot appeal if the accused is acquitted by the jury.

The appellate court can agree with the decision of the lower court, order the lower court to review its decision or order the defendant to be released.

Source: Criminal Justice, Vol. 7. 364-973 CR 1

Addresses Of The Appellate Courts

First District

Hamilton County Courthouse
230 East Ninth St., 12th Floor
Cincinnati, OH 45202
513-946-3412 FAX

Second District

Montgomery County Courts Building
41 N. Perry St., Room 515
Dayton, OH 45422-2170
513-496-7724 FAX

Third District

Court of Appeals
204 N. Main St.
PO Box 1243
Lima, OH 45801
419-224-3828 FAX

Fourth District

Athen County Courthouse
Athens, OH 45704
614-594-3303 FAX

602 Seventh St.
Room 301, Courthouse
Portsmouth, OH 45662
614-355 8258

121-A W. Franklin St.
Circleville, OH 43113
614-477-3976 FAX

Community Building
PO Box 310
McArthur, OH 45651
14 South Paint St. Suite 38
Chilicothe, OH 45601
740-779-6665 Fax

Fifth District

Court of Appeals
Suite 320
110 Central Plaza, S. #320
Canton, OH 44702
330-451-7249 (FAX)

Sixth District

Court of Appeals
One Constitution Avenue
Toledo, OH 43604
419-245-4844 FAX

Seventh District

Mahoning County Courthouse
131 West Federal St.
Youngstown, OH 44503
216-740-2182 FAX

Eighth District

Cuyahoga County Courthouse
One Lakeside Avenue, Room 202
Cleveland, OH 44113-1085
216-443-2044 FAX

Ninth District

Court of Appeals
161 S. High St., Room 504
Akron, OH 44308-1671
330-643-2091 FAX

Tenth District

Franklin County Courthouse
373 S. High St., 24th Floor
Columbus, OH 43215
614-462-7249 FAX

Eleventh District

Stone Building
111 High St, NE
Warren, OH 44481
330-675-2655 FAX

Twelfth District

One City Centre Plaza
1001 Reinartz Blvd.
Middletown, OH 45042
513-425-8751 FAX

Supreme Court of Ohio

65 South Front St.
Columbus, OH 43215

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