Appeals reconsider its decision may be filed within 10 days of the appellate decision. In the alternative, an aggrieved party may further appeal by filing a notice of appeal and memorandum in support of jurisdiction in the Ohio Supreme Court within 45 days of the appellate decision. The Ohio Supreme Court is not required to accept jurisdiction and, in fact, will only accept appeals that are of ‘great public interest’ or raise a substantial constitutional question. Finally, if a criminal defendant has a claim of ineffective assistance of appellate counsel, s/he may file an application to reopen the appeal in the Court of Appeals within 90 days of the appellate decision. What are the two key types of appeals and how do they vary from one another? Criminal appeals and civil appeals are two types of appeals generally governed by the same set of appellate rules. However, certain Ohio rules of appellate procedure apply only to criminal appeals. For example, if a notice of appeal was not timely filed, pursuant to App.R. 5(A), a criminal defendant may move the court for leave to file a delayed appeal. In addition, within 90 days of journalisation of the appellate judgment, a defendant in a criminal case may file an application to reopen their appeal based upon ineffective assistance of counsel. This remedy is also not available in civil cases. Another very important difference between criminal and civil appeals is that civil appeals are typically referred to mediation. Shortly after the notice of appeal is filed, a court mediator will reach out to counsel for both parties to explore mediation before the appeal continues. If both sides are amenable, the appeal is stayed while the parties mediate the case. If mediation is not successful, the briefing schedule is reinstated and the appeal proceeds. MY LEGAL LIFE 31 About Felice Harris Felice Harris began her journey into law as an appellate attorney with the Office of the Ohio Public Defender. After navigating the complexities of post-conviction practice, she prosecuted misdemeanour offences with the Columbus City Attorney. She is well-trained and educated in her field and was awarded the CUNY Graduate Center Presidential MAGNET Fellowship (2003-2007) while pursuing a PhD in Criminal Justice. Felice founded Harris Law Firm LLC in 2009 and today focuses her practice solely on appeals and post-trial motions. What has your experience of prosecuting misdemeanour offenses taught you? How has the experience aided your career? Working both sides of the aisle has made me well-rounded. I have the ability to evaluate cases like a prosecutor, see the weaknesses, and understand the state’s arguments. However, because of my experience as an Ohio public defender, I am well versed in protecting defendants’ statutory and constitutional rights. Having prosecuted misdemeanour offences and defended misdemeanour and felony offences, I understand the processes, from the filing of a complaint, to release on bond, to the Crim.R. 11 colloquy. This real-world knowledge is important when reviewing for trial errors. In 2009, you opened your first solo practice. What challenges did you face and what advice do you have for anyone looking to do the same? Most solo practitioners join court-appointed lists when they are first starting out because it is a way to obtain clients. I was also on court-appointed lists and, as a result, my practice focused primarily on trial-level work. But I have always enjoyed the research and writing of appellate practice and, quite frankly, I missed it in those early years. Now, I concentrate my energy on appeals and post-trial motions and I love what I do I would advise anyone thinking about a solo practice to focus on the areas of law they enjoy. They’ll be happier for it and the clients will, eventually, come. What part of your job do you find most rewarding? Helping people. Most days, I answer questions and provide procedural information and legal advice about a loved one’s criminal case. On really good days, I tell a client his or her conviction was reversed.
RkJQdWJsaXNoZXIy Mjk3Mzkz