Monday, November 5, 2012

Beware of deadlines to file your appeal (11 5 12)

Ohio Appellate Rule 4(A) states that a notice of appeal must be filed within 30 days of the entry of judgment or order appealed from. Ohio Appellate Rule 5(A) allows you to make a motion for a delayed appeal in which you are asking the court of appeals for permission to have an appeal even though you missed the 30-day deadline. The Eleventh District Court of Appeals for Trumbull County just denied a defendant’s request to file a delayed appeal. He first tried to request the delayed appeal in May of 2012, but he did not follow the requirements of Rule 5(A) so the court of appeals dismissed the matter. He tried again and followed the requirements. The defendant explained that he was not informed of his right to appeal, he was not informed of the time limits for filing an appeal, he was not informed of his right to court-appointed counsel, and he lacks legal knowledge since he is not a lawyer. Too bad, says the court of appeals. Ignorance of the law is no excuse. The Eleventh District found that the defendant did not file for a delayed appeal until nearly two years, and such a delay was evidence, to them, "that appellant was not diligent in taking the proper steps to protect his own rights." The court of appeals overruled his motion for leave to file a delayed appeal. State v. Crites, 2012-Ohio-5127.

Contact me if you need an Ohio Criminal Appeal Lawyer for your appeal or other post-conviction matter by going to my Web site and filling in the "contact me" form.  Visit if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.

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