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Ohio Appeals / Appellate Law Questions & Answers
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
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
Brian Lehman answered on Jan 21, 2017

No, you are just allowed one motion for reconsideration.

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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
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
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
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 »

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on
Q: After being charged with a DV, how long after being charged do you have to appeal the charge?
Matthew Williams
Matthew Williams answered on Feb 26, 2016

The time for appeals begins to run after you are convicted and sentenced, not after you've been charged. You cannot appeal a charge. If you have been convicted and sentenced, you are supposed to file a notice of appeal within 30 days, but can generally get an extension if its your first go at the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: What do sixth circuit means in federal court
Matthew Williams
Matthew Williams answered on Dec 20, 2015

It's the federal appellate court with jurisdiction over the district courts in Ohio, Michigan, Kentucky, and Tennessee.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Where can I find an example of a Motion to Release Supersedeas Bond?

The firm I work for filed an appeal on a judgment that was rendered against our client. Our client paid a supersedeas bond and now we are trying to get it back from the court.

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Perhaps in a pleading and practice forms manual. You may have to go to a local law library for that. Try to get one that is for your state.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: If I'm 16 years old and my boyfriend is 18 and I'm pregant can I move out? Without my parents.?
Matthew Williams
Matthew Williams answered on Jul 29, 2015

I feel like I've seen this question before. If you are 16, you are a minor. You cannot move out without your parent's permission.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: If someone wins an appeal is there grounds for a cash settlement?

odys

Matthew Williams
Matthew Williams answered on Jun 10, 2015

Depends upon the appeal.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: when an appeal answers sustained to assignments of error, is that good or bad for appellee?
Matthew Williams
Matthew Williams answered on Nov 25, 2014

That's good for the appellee. It means the court agrees with the assignment of error. It's practical effect depends on the issue.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Appeal on drug charges and property being forfeted
Matthew Williams
Matthew Williams answered on Nov 1, 2014

You have not asked a question. If you are planning to appeal a drug conviction and/or resulting property forfeiture, you should retain an attorney. Appeals are highly technical. You stand little chance pro se (on your own).

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: I have a few questions regarding a court of appeals case of the sixth circuit
Charles Snyderman
Charles Snyderman answered on Jan 30, 2013

Please ask the questions.

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