Ohio Criminal Appeals Lawyer Blog

The Second District Court of Appeals has adopted a new local rule. Local Rule 2.24 requires prosecutors who decide they are going to concede an error raised by a Defendant/Appellant to notify the administrator of the Court of Appeals so the case does not sit around another few months before a decision is rendered. Defendants/Appellants should take note of this rule so they can help move things along in a case where the State concedes an error in an Answer Brief.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.

In Ohio's Second Appellate District, it is not unusual for an appeal to take a year from the notice of appeal to a decision.  So if you or your client is serving a "short" sentence, you should look into "suspending execution of the sentence" (getting a stay) and getting on the accelerated calendar if you think you could win the appeal.

Ohio's Appellate Rule 8 deals with suspension of execution of a sentence pending review on appeal.  It explains how a stay must be sought in the trial court before asking the court of appeals. App R 8(B).  And local rules should be consulted for how to get your appeal on the "accelerated" calendar.  For example, in Ohio's Second Appellate District, Rule 2.8(B) explains what you need to do to request that your appeal be expedited for review.