Lawyers, Answer Questions  & Get Points Log In
Ohio Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Juvenile Law for Ohio on
Q: What is the process of getting emancipated if petitioning to the court isn’t an option?

I have been having major issues with my adoptive family for as long as I can remember and I am finally at the point where I can’t take any more. My 16th birthday is approaching soon and I have a stable job with a great income and I am trying to go about emancipation so that I can move on from the... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Aug 2, 2020

I am sorry to hear about your situation. I am also sorry to tell you that, in Ohio, there is no ability for a minor to emancipate herself.

View More Answers

2 Answers | Asked in Appeals / Appellate Law for Ohio on
Q: While incarcerated waiting on early release but your appeal comes before your early release do you have to

Wait in prison till appeal is done

Matthew Williams
Matthew Williams answered on Jun 29, 2020

If you are granted an early release while your appeal is pending, you will still be released.

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: Okay I need a little help I am not understanding my husbands appeal case state vs Foti 439 11district Ohio .

What dose it mean dose he still have 6 yr sentance or not ?? Please put this in simplified terms for me thank you Tanya foti

Matthew Williams
Matthew Williams answered on Mar 26, 2020

They sent it back for resentencing on the one case but upheld the rest. So right now, he has three years plus whatever he gets at resentencing. The end result will almost certainly be exactly the same. But the trial court has to impose individual sentences for each offense.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: IS THERE ANY ATTORNEYS AT THE OHIO SUPREME COURT THAT CAN ASSIST ME ON MY APPEAL? IF SO, WHAT IS THE PROCESS ON ASKING?
Matthew Williams
Matthew Williams answered on Mar 23, 2020

Any private attorney could assist you. The attorney who work for the court will not as that is not their job. Depending on the nature of the appeal legal aid or the public defender may be willing to help.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: HOW WOULD I FILE A MEMORANDUM TO THE OHIO SUPREME COURT CONCERNING MY APPEAL FROM THE 8TH DISTRICT COURT OF APPEALS?
Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 19, 2020

The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Support for Ohio on
Q: WHAT'S THE NEXT STEP OF AN APPEAL IF I DISAGREE WITH THE DECISION FROM THE 8TH DISTRICT COURT OF APPEALS?
Matthew Williams
Matthew Williams answered on Mar 18, 2020

You have to file a memorandum of jurisdiction with the Ohio Supreme Court asking them to take the case. Supreme Court Cases are very different because you first have to convince the court to take the case, then win it.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How to stop an illegal eviction in Ohio? Please help! Emergency situation w/ children! Going to be homeless!

My landlord evicted me within 24 hours after I reported a sexual assault by a neighbor. Trying to make us move, he’s been harassing us & saying discriminating things-via text! He posted a wrong 3 day that the magistrate at court ignored & the magistrate wouldn’t let us speak without... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 7, 2020

Talk to the attorney who agreed to take your case about the process to object to the magistrate's decision, but if it was for non-payment of rent, you might not succeed in stopping the eviction. And if the magistrate granted the eviction, typically the tenant only has 7 days before the... Read more »

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
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
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
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
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
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... 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
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... 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
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
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
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
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
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
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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.