Tuesday, October 16, 2012

Can I appeal if the judge denies my motion for judicial release? (10 16 12)

An inmate at the Hocking Correctional Institution filed a motion for judicial release in the Stark County Common Pleas Court. It was denied. Then he tried to appeal the denial to the Court of Appeals for the Fifth Appellate District. But the Court of Appeals dismissed the appeal since there was no final appealable order. The court explained that a denial of a motion for judicial release is not a final appealable order and so the appellate court cannot hear such an appeal (since they don’t have jurisdiction). What does that mean for you? You cannot appeal the denial of your motion for judicial release. It is totally up to the trial judge. State v. Christner, 2012-Ohio-4790.

Contact me if you need an Ohio Appellate Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

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