Delayed Appeal

If the 30-day filing deadline for a direct appeal is missed, Ohio App.R.5(A) grants serious youthful offenders, delinquent youth, and criminal defendants the opportunity to request a delayed appeal. However, the Motion for Leave to Appeal is simply a request which can be granted or denied. The Motion for Leave must be filed with the Court of Appeals and shall set forth the reasons for the failure to perfect an appeal as of right. If, after reviewing the Motion for Leave, the Court of Appeals finds good cause for the delay in filing, the Court will grant leave and set a briefing schedule. The appeal will then follow the same procedures and timelines as a direct appeal.

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