Ohio — Statute

Appeal by State by Leave of Court | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio ORC 2945.67 details prosecutors' rights to appeal certain criminal and juvenile court decisions, with provisions for indigent defendant representation.

Legal Content

Appeal by State by Leave of Court

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law ORC 2945.67 allows prosecutors and certain legal officials to appeal specific decisions in criminal and juvenile cases, including dismissals, suppression orders, and sentences. The law also provides for appeals by leave of court on other decisions, excluding final verdicts. Additionally, indigent defendants are entitled to court-appointed counsel during such appeals.

Frequently Asked Questions

Who can file an appeal under Ohio ORC 2945.67?

Prosecutors, village solicitors, city directors of law, and the attorney general can appeal certain decisions in criminal and juvenile cases under this law.

What types of decisions can be appealed by right?

Decisions granting motions to dismiss, suppress evidence, return seized property, or post-conviction relief can be appealed as a matter of right.

Can prosecutors appeal final verdicts or sentences?

Prosecutors can generally not appeal final verdicts but may appeal sentences imposed on convicted individuals for felonies with court approval.

Are indigent defendants provided legal representation during appeals?

Yes, courts are required to appoint counsel for indigent defendants who are not represented or do not waive their right to counsel during appeal proceedings.

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In simple terms: Ohio ORC 2945.67 details prosecutors' rights to appeal certain criminal and juvenile court decisions, with provisions for indigent defendant representation.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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