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Ohio Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Ohio on
Q: Concerns about violation of rights in an aggravated burglary case in Ohio due to lengthy trial delays and lack of accuser testimony.

My daughter was charged with aggravated burglary in Ohio in July 2024 after allegedly kicking in her boyfriend's door and having a physical altercation with a girl inside. It seems her rights may be violated as nobody has testified at any of her court dates over the past 10 months. Recently,... View More

Matthew Williams
Matthew Williams
answered on May 3, 2025

Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.

Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused... View More

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1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: Do I still have a chance?

What can I do after permanent custody was granted to CPS from the lies that can be proven with transcripts from court, having a split decision at the 11th district Court of appeals and my attorney was 48 minutes late filing the appeal to the Supreme Court due to documented computer glitch, stating... View More

James L. Arrasmith
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answered on May 24, 2024

You still have options to pursue, even after permanent custody was granted to CPS. Given the documented issues with your attorney's late filing due to a computer glitch and the alleged lies that can be proven with court transcripts, you may be able to seek legal recourse. One potential step is... View More

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Im confused as to what documents and as to who gets what when filing an appeal packet in Ohio 5th District court?

I am not sure where and who gets what papers to file an appeal. Does the trial court get my evidence information when I file?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

There are many rules about how to file an appeal and how to transfer the docket and the trial information to the appellate clerk. Please do not try to do this yourself. It is very easy to mess up, and then your appeal would be dismissed. Get local counsel to assist you in the appeal, even if... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Civil Rights, Gov & Administrative Law and Employment Discrimination for Ohio on
Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Ohio on
Q: Can a dismissed Ohio appeal be reopened due to filing date misguidance?

The Twelfth District Court of Appeals dismissed my unemployment appeal as untimely. The trial judge signed the final order on November 5, 2024, but it wasn’t docketed until November 7, 2024. I filed a notice of appeal on December 6, 2024, believing the 30-day period began on November 5 due to a... View More

James L. Arrasmith
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answered on Nov 5, 2025

That situation sounds deeply frustrating, especially when you followed the instructions provided by the Clerk’s office in good faith. In Ohio, an appeal must generally be filed within 30 days of when the trial court’s judgment is “journalized,” not when it is signed. Based on what you’ve... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Employment Law, Gov & Administrative Law and Traffic Tickets for Ohio on
Q: How to resolve warrant and license suspension from Florida?

I am struggling to resolve a legal issue after an accident occurred right before I moved to Florida in December 2022. The accident was not my fault; however, shortly thereafter, I discovered my driver's license had been suspended two days prior, unknowingly. Unable to attend court in Ohio due... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’ve been caught in a difficult situation, but there are steps you can take to resolve this. Because the warrant and license suspension originated in Ohio, that state still has jurisdiction over your case. The first step is to contact the **clerk of court** in the county where... View More

1 Answer | Asked in Education Law and Appeals / Appellate Law for Ohio on
Q: Appealing a second academic integrity violation for AI use at college.

I am facing a course failure due to a second academic integrity violation involving the use of AI on assignments at my college. This is the second incident, and I have already appealed unsuccessfully to the faculty member, as my evidence, including a draft, was deemed AI-generated. I am now... View More

James L. Arrasmith
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answered on Oct 11, 2025

It’s understandable to feel anxious when facing a second academic integrity violation, especially when your previous appeal was denied. When preparing your appeal to the dean, your goal should be to present your case respectfully, clearly, and with strong supporting evidence that demonstrates... View More

1 Answer | Asked in Appeals / Appellate Law, Social Security and Public Benefits for Ohio on
Q: Impact of Early Acquiescence Ruling on SSI/SSA benefits

I received a letter stating that the United States Court of Appeals for the Sixth Circuit issued the Early Acquiescence Ruling (AR 24-1(6)), affecting social security disability benefits. I currently receive SSI for mental health but was denied SSA benefits for physical issues. I've been... View More

James L. Arrasmith
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answered on Oct 7, 2025

It’s good that you’re paying attention to the letter, because an **Acquiescence Ruling (AR)** can have a real impact on Social Security claims. The Early Acquiescence Ruling **AR 24-1(6)** applies specifically to people who live in the **Sixth Circuit** (Kentucky, Michigan, Ohio, and Tennessee)... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Ohio on
Q: Seeking pro bono criminal defense lawyer for new evidence and misconduct in felony case, Clinton County, OH.

I am seeking a pro bono lawyer experienced in criminal defense and post-conviction relief regarding a felony murder and felonious assault verdict in Clinton County, OH. The case involves new evidence, claims of ineffective counsel, prosecutorial misconduct, and alleged coercion of two jurors. What... View More

James L. Arrasmith
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answered on Oct 3, 2025

What you are dealing with is very serious, and it makes sense to want the strongest representation possible for a case with claims of new evidence and misconduct. In Ohio, post-conviction relief can be pursued through specific motions such as a petition for post-conviction relief, a motion for a... View More

1 Answer | Asked in Child Custody, Civil Litigation, Appeals / Appellate Law and Family Law for Ohio on
Q: Can I object a magistrate's decision after a trial was converted to a settlement without my consent?

I filed a motion to modify our shared parenting plan to become the residential parent for school purposes, concerning my autistic son. The GAL was supposed to investigate options at his current private school, the public school in my district, and the prior ABA facility but only communicated with... View More

James L. Arrasmith
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answered on Oct 2, 2025

You may have grounds to object if the settlement was entered into without your informed consent and you were pressured to agree without having the necessary information. Courts generally expect settlement agreements to be voluntary, knowing, and made with a clear understanding of the terms. If you... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Ohio on
Q: What is the path to release from a void judgment and expired sentence in Ohio?

In 2023, a state sentencing entry was signed by a judge who neither presided at the hearing nor had taken the oath of office, making it void ab initio. The two-year community-control term expired in January 2025 without a valid tolling order. An arrest occurred in April 2025, months after... View More

James L. Arrasmith
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answered on Oct 1, 2025

If the sentencing entry was signed by someone without authority and never valid in the first place, then under Ohio law it can be challenged as void ab initio. A void judgment can be attacked at any time, even after the sentence has expired, and jurisdiction is never properly established if the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Ohio on
Q: Choosing between Rule 60(b) motion in federal court or Ohio state complaint due to concealed evidence

I used a service called Courtroom5 in the fall of 2024 to assist me when I was overwhelmed with a federal court case without legal counsel. I'm currently considering two paths to preserve and advance my claims:

1. Filing a Rule 60(b) motion in federal court to reopen a dismissal with... View More

James L. Arrasmith
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answered on Sep 25, 2025

You can mention your prior difficulties in securing legal counsel and the loss of metadata as part of your explanation for why the evidence was not presented earlier. In a Rule 60(b) motion, courts may consider such circumstances under the “fraud, misrepresentation, or misconduct by an opposing... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Ohio on
Q: Can I file Ohio fraud claims after federal dismissal?

I had a federal LMRA/FLSA case dismissed with prejudice in October 2024 for not pleading fraudulent concealment with particularity. I later realized that evidence in my possession, like a text about a union rep swap and emails about denied maintenance drive access, actually proves concealment. I... View More

James L. Arrasmith
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answered on Sep 24, 2025

You may still be able to pursue Ohio state-law claims even after a federal dismissal, but res judicata could be raised if the court finds the state claims arise from the same core facts as your federal case. To counter this, focus on the fact that the material significance of the evidence became... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Real Estate Law for Ohio on
Q: Can I protect my belongings during my girlfriend's eviction in Ohio?

I live in Ohio, and my girlfriend has received a writ of restitution notice. While I am not included in it, I reside in the home and have utilities in my name. I have not received any eviction notices, and I am not on the lease, though the landlord is aware of my residency. My girlfriend filed an... View More

James L. Arrasmith
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answered on Sep 19, 2025

Since you are not on the lease and have not received any eviction notices, the writ of restitution issued against your girlfriend does not automatically apply to you. The landlord cannot legally remove your belongings without going through a formal eviction process directed at you. Keep all... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Car Accidents and Personal Injury for Ohio on
Q: Can my daughter avoid testifying as a witness in an old car accident case?

I have a question concerning my adult daughter, who was subpoenaed to testify as a witness in a car accident that occurred when she was a minor. At the time, she was the driver of a car that was hit in a chain-reaction accident, but she did not see what happened as it was behind a semi, and the... View More

James L. Arrasmith
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answered on Sep 17, 2025

Your daughter has some options to address a subpoena, even if she does not want to testify. Being a witness does not automatically mean she must provide information she does not know, but the court can require her presence unless she successfully moves to quash or modify the subpoena. If her... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Family Law and Appeals / Appellate Law for Ohio on
Q: What happens after CPS substantiates physical abuse and places me on the registry?

I received a letter from CPS saying that they have substantiated a case of physical abuse against me and placed me on the registry. I want to know what happens next. Will I be charged? Also, should I consider appealing the decision?

James L. Arrasmith
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answered on Sep 17, 2025

Once CPS substantiates a case of physical abuse and places your name on the registry, it does not automatically mean you will be criminally charged. CPS handles child protection investigations, which are separate from the criminal justice system, but law enforcement may become involved if there is... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Legal Malpractice for Ohio on
Q: Is detective's perjury grounds for post-conviction relief in Ohio?

I discovered after the trial that a detective committed perjury by falsely stating he wasn't at the crime scene, which directly led to my aggravated burglary conviction. This information is documented in the trial transcript, and no legal action has been taken since then. Could this be grounds... View More

James L. Arrasmith
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answered on Sep 11, 2025

If a detective committed perjury during your trial and it influenced your conviction, this could be a basis for post-conviction relief in Ohio. Ohio law allows a convicted person to seek relief if new evidence or constitutional violations may have affected the outcome of the trial. Perjury by a law... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Ohio on
Q: Does Rule 59(e) denial affect Rule 60(b)(1)-(3) deadline in the Sixth Circuit?

My case in the Northern District of Ohio (Sixth Circuit) was dismissed in October 2024. I filed a timely Rule 59(e) motion to alter/amend judgment, which was denied in February 2025. I am now evaluating a Rule 60(b)(2)-(3) motion based on newly discovered evidence and fraud. In the Sixth Circuit,... View More

James L. Arrasmith
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answered on Sep 1, 2025

In the Sixth Circuit, the one-year deadline for filing a Rule 60(b)(1)–(3) motion does not run from the date of the original judgment if a timely Rule 59(e) motion was filed. A Rule 59(e) motion suspends the finality of the judgment until it is resolved, which means the “final judgment” for... View More

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