The Ohio Supreme Court hears “appeals as of right” from cases originating in the Court of Appeals and “jurisdictional” appeals from appellate decisions in cases which originated in trial courts. Most appeals from criminal cases will be jurisdictional appeals which the Ohio Supreme Court is not required to accept. Instead, the Ohio Supreme Court will choose to accept or decline a jurisdictional appeal.A jurisdictional appeal to the Ohio Supreme Court must raise a Substantial Constitutional Question or a Question of Public or Great General Interest. In addition, a jurisdictional appeal must be based on an issue that was raised and argued in the Court of Appeals. Generally, a party must initiate an appeal to the Supreme Court of Ohio within 45 days of the file-stamped date on the judgment being appealed. If a party fails to file an appeal within the time limit, the Supreme Court will not accept the appeal.
How to begin your Appeal to the Ohio Supreme Court
An appeal to the Ohio Supreme Court begins with the filing of a Notice of Appeal and Memorandum in Support to the Ohio Supreme Court. The Notice of Appeal must contain the case name and number assigned by the court of appeals, the date of judgment entry, and a statement that the case raises a substantial constitutional question or the case is one of public or great general interest. The Memorandum in Support of Jurisdiction must include a Table of Contents, Statement of the Case, and thorough explanation of why the case involves a substantial constitutional question or question of public or great general interest. The Memorandum in Support cannot exceed 15 pages. When the Ohio Supreme Court accepts a jurisdictional appeal, the appeal proceeds to briefing and oral argument. When the Ohio Supreme Court declines a jurisdictional appeal, a simple notice is sent to the parties.It can be difficult for a pro-se applicant to meet the technical requirements and time limitations of a Memorandum in Support of Jurisdiction. The road to the Ohio Supreme Court is arduous, but for some, it provides the last chance at justice. If you have the merit and means to mount an appeal, the assistance of seasoned lawyers can prove invaluable. Though the process is uncertain, in the right cases, the effort expended can produce great results. Sometimes, it’s the difference between continued incarceration and freedom.If you are ready to appeal to the Ohio Supreme Court don’t wait; contact Harris Law Firm, LLC today.About the Author: Felice Harris has over a decade of experience handling appeals and post-trial motions. In 2009, Attorney Harris opened her first solo practice, handling delinquency, criminal, A/N/D, and appellate matters. Currently, Ms. Harris focuses solely on appeals and post-trial motions. She is licensed to practice law in Ohio, the Federal District Courts for the Northern and Southern Districts of Ohio, the Sixth Circuit Court of Appeals, and the United States Supreme Court.