Felice Harris What are the most common avenues used to attack a criminal conviction? A criminal defendant may file an appeal (direct, delayed, and application to reopen); motion for new trial or motion to withdraw guilty plea; and petition for post-conviction relief. A civil defendant is more likely to file an appeal (direct) or motion for relief from judgment. What does the typical appellate process look like? Are there any common factors that might shift the standard process? The appellate process begins with the filing of a ‘notice of appeal’, praecipe, What makes appellate law necessary? Although there is no federal constitutional right to appeal, in Ohio, a criminal defendant’s right to direct review is granted in the Ohio constitution and by statute. Therefore, the first challenge to a court’s final order – in a criminal case, a sentencing entry; in a civil case, a judgment entry – is often an ‘appeal’. Appellate law, which is comprised of rules, statutes and caselaw, is, therefore, necessary to govern the appellate process. Ohio’s 88 counties are organised into 12 appellate districts. Hamilton, Cuyahoga, and Franklin counties each constitute their own districts (1st, 8th and 10th, respectively). The remaining appellate districts are comprised of multiple counties. 28 LAWYERMONTHLY SEPTEMBER 2022 My Legal Life Navigating the Court of Appeals When appealing against a criminal conviction, a thorough understanding of appellate law is necessary to ensure a chance of success. This month, Lawyer Monthly speaks with Felice Harris, an Ohio appellate attorney, to shed light on the fundamentals of the appeals process. She describes the ins and outs of appeals in her jurisdiction and shares a little of her own professional development to date.
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