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Ohio Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Gov & Administrative Law, Contracts and Appeals / Appellate Law for Ohio on

Q: Is there a way to get State of Ohio to review their finding of a teacher’s performance rating?

Bruce Martin Broyles answered on May 31, 2019

The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.

Students and parents do not have such a right.

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: Can an appeals court change the title of a state v. def case (as filed by the clerk) to city v def?

If yes, why or what are requirements.

This is for a criminal appeal of a conviction for the violation of a city ordinance, specifically Mentor MCO 505.13

505.13 FARM ANIMALS.

(b) No person shall keep horses, goats, cows, chickens, sheep, mules, ducks, geese, turkeys or... Read more »

Matthew Williams answered on Jan 15, 2019

If that’s the proper case caption, sure. They could make such a correction.

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: How do I free someone in the state of Ohio. if I know that the person is one hundred percent not guilty?

My brother is doing life and he’s not guilty of the crime I want to get him out.

Matthew Williams answered on Dec 27, 2018

A lawyer needs to look at his case to see what appellate avenues may still be available.

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: how do I read appeals

Matthew Williams answered on Dec 3, 2018

In terms of actually reading them, you just read them. I’m not sure how else to put that.

In terms of finding them, there are a number of online resources. The better ones, Westlaw and Lexis, you have to pay for. But sites like this one, and google scholar will give anyone some access....
Read more »

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on

Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?

I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE... Read more »

Matthew Williams answered on Oct 8, 2018

Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Arbitration / Mediation Law and Child Support for Ohio on

Q: If the County job and family services says I owe them money but can't provide proof of money being owed to them

What do or can I do?

Joseph Jaap answered on May 14, 2018

Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove that... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: If in incarcerated kn the state of ohio and I already have a lawyer,can I hire an additional lawyer to work my appeal?

Incarcerated for 3 years, 3judges already judged against me, looking at 15years. Theres no proven proof and the witness did not agree to be 100%

Matthew Williams answered on May 10, 2018

You can hire as many lawyers as you wish... what chance you have is a totally different question

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Adoption for Ohio on

Q: Dismissed Ohio Untimely Notice of Appeal- Attorney filed for reconsideration-blamed postal service.

Question: Will the Appellate Court grant this ridiculous Motion for Reconsideration?

Background: Notice of Appeal was two (2) days late. Appellants attorney mailed it on a Friday thinking it would be fine and stamped by the Clerk on Monday. It was delivered on Wednesday. Appellate... Read more »

R. Scott Patterson answered on May 2, 2018

IS THIS A QUESTION?

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for Ohio on

Q: i Need help with a divorce case and a second option on an appeal process. And husband not following court orders.

My husband hasn’t paid the house in a year I do have a court order he has to pay it along with spouse support he hasn’t paid me either.

My lawyer is filing an appeal on the divorce decision and we ha t signed the decree yet.

We had trial in October 2017

And today he... Read more »

Joseph Jaap answered on Mar 8, 2018

The divorce process and legal system can be frustrating and slow. You have a lawyer, so discuss this with your lawyer. But the lawyer must follow the legal process, as slow as it is, and not much can be done to speed anything up.

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: DOES THE BRIEF, AND /OR MOTION NEED TO BE SIGNED, AND/OR NOTORIZED IN THE 8TH DISTRICT COURT OF APPEALS?

Matthew Williams answered on Feb 20, 2018

It needs to be signed. Any affidavits included with it would need to be notarized. But, the brief itself does not.

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: CONCERNING FILING A BRIEF OR A MOTION IN THE 8TH DISTRICT COURT OF APPEALS.

IF BOTH THE MAGISTRATE, AND THE REGULAR JUDGE RULED AGAINST ME, AND I LOST MY CASE AM I THE APPELLEE, OR THE APPELLANT WHEN FILING BRIEFS, OR MOTIONS IN THE 8TH DISTRICT COURT OF APPEALS?

Robert D. Kreisman answered on Feb 19, 2018

If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Ohio on

Q: IF I PREPARE THE BRIEF WRONG, OR DO NOT FILE A BRIEF WILL I STILL BE ABLE TO GO TO THE NEXT STEP IN THR APPEALS PROCESS?

I HAVE TO WRITE, AND FILE A BRIEF AFTER FILING A NOTICE OF AN APPEAL. I FILED THE NOTICE OF APPEAL AFTER THE MAGISTRATE JUDGE, AND THE REGULAR JUDGE RULED AGAINST ME CONCERNING A MODIFICATION OF CUSTODY AND VISITATION THAT I FILED.

Joseph Jaap answered on Feb 15, 2018

There is a specific process and time limit for filing an appeal. If not done properly, then the opportunity for appeal is lost. Since a magistrate and judge have both ruled against you, without an attorney to assist you with an appeal, a successful appeal would be difficult. Use the Find a... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: is reconsideration of appeal dismissal routine? affidavit was not filed due to the case unavailability on line.

My appeal should prevail under normal court conditions but this is a tad strange

Matthew Williams answered on Feb 12, 2018

I wouldn't call it routine. It's hard to give you much advice based on what you've posted here. But, you really ought to be working with an attorney. Appeals are very technical and appellate courts don't have a lot of patience with litigants who don't follow the rules and procedures to the letter.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Ohio on

Q: I had a judgement made that I want to dispute. Can I do anything and if so what?

I had a judgement in Ohio in 2016 for an easement allowing a group of individuals access to their property that they had previously land locked themselves from. I never agreed to an easement and they are now causing damage to my drinking water. Is there anything that I can do? How long do I have to... Read more »

Bruce Martin Broyles answered on Nov 12, 2017

You can file an appeal from a trial court's order within thirty (30) days. The better way to approach this may be to sue to have the easement vacated or to sue for damages caused by an enlargement of the easement.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on

Q: I want to know if it is legal for the courts to add a charge to a case in the middle of trial?

My brother was just convicted of a charge that was added a trial that his lawyers agreed to without my brothers consent in the middle of trial. He is in jail for something that he wasn't originally being charged of. This is his first offense he never did anything wrong and now he awaits his... Read more »

Matthew Williams answered on Mar 6, 2017

Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another charge... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on

Q: What is a good basis for a delayed appeal to the Ohio Supreme Court?

Matthew Williams answered on Jan 21, 2017

There is no good basis for a delayed appeal. I have argued that the court has made sure there is no such thing, and I have lost. A delayed appeal without truly new evidence is a thing primed to die,

2 Answers | Asked in Appeals / Appellate Law for Ohio on

Q: Can I file a second motion for reconsideration in the appellate court in Ohio?

Sixth District Court of Appeals. Case No: OT-15-015

Brian Lehman answered on Jan 21, 2017

No, you are just allowed one motion for reconsideration.

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Ohio on

Q: Friend got jumped in bed by two men bigger then him sleep in bed with 4 month old son and my 3 yr son, friend a felon,

Friend is a felon, shot gun in home. Where he stayed and got mail, no one hit, case was dismissed by judge , now he has warrent, can he beat it? Any dismissed when looked up, let out on DFR.

Matthew Williams answered on Dec 14, 2016

This case was almost certainly dismissed from municipal court and indicated in county court. That procedure causes a lot of confusion with folks thinking the case has been dropped when it is really just being transferred to the felony court. It sounds like a tough case to "beat" but that doesn't... Read more »

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Ohio on

Q: Hi,pulled over with a MA license,saying I was driving 90 in a 70,issued a $160 ticket.How many points? How can I appeal?

I was following the traffic and for sure did not go 90, it was 84 or 85 pulled over in Ohio

Barry Eran Janay answered on Sep 6, 2016

You can fight this, no guarantee you can win... Was the ticket issued in NY?

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on

Q: What will an appellate court think of the cell phone images of bruises on "someones" legs used as evidence against me?

No face shown in the photos.

No time and date stamp

No file info

Literally, the cell phone itself was brought into the courtroom. I can't believe I didn't object, there's no way I created these injuries...I don't even think they were her legs.

Matthew Williams answered on Aug 20, 2016

If you didn't object to it at trial, they probably won't think anything at all of it. Appellate courts do not reconsider evidence. They might consider its admission into the record, if someone objected to it being admitted, but it sounds like that didn't happen. This is why you need to be... Read more »

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