How do you appeal a conviction or sentence in Ohio?

April 15, 2009
By Robert Alan Brenner on April 15, 2009 4:55 PM |

My suggestion? Hire a lawyer. If you cannot afford one, contact the local or state office of the public defender. Appeals are not something I would recommend you do yourself.

Make sure a "notice of appeal" is filed on time. To do this, your attorney will consult Ohio Appellate Rules 3 & 4. Those say that, generally speaking, a notice of appeal must be filed "within thirty days of the later of entry of the judgment or order appealed from." It must be filed "with the clerk of the trial court."

If you are out of time since the thirty days has passed, your attorney will consult Appellate Rule 5 about delayed appeals. But at this point you will need the permission of the court of appeals. Much better to get your notice of appeal filed on time. Click here for an example of the danger in missing the thirty day limit (and the other side of the argument in the dissent).

Again, I would say you should get your criminal defense lawyer to file the notice of appeal and/or get a lawyer to do your appeal. If you want to check out the Ohio Appellate Rules you can click here.