Information on Appeals and the Appellate Process

Habeas Corpus, Post Conviction Relief, Motion to Withdraw Plea

Trial convictions, no contest pleas, guilty pleas, denials of motions to withdraw pleas, motions for new trials and petitions for post conviction relief, may be appealed to the court of appeals. For cases decided in the County Common Pleas Court, the appeal is filed in the County District Court of Appeals. If the decision appealed is from a United States district Court, the appeal is filed in the United States Circuit Court of Appeals. In federal court, denials of petitions for a writ of habeas corpus may also be filed.

In addition to the affirming or reversal of convictions, an appellate court can also grant a stay of sentence and can grant appeal or appellate bond. If bond is granted, a person appealing a decision of the trial court, the appellant, can remain out of prison or jail while the appeal is pending.

If a conviction is reversed, the case will either be vacated or sent back (remanded) to the trial court for a hearing or a new trial.

If the conviction is affirmed, the decision of the court of appeals (appellate court) may be appealed to the Ohio State Supreme Court. The Supreme Court is not required to accept an appeal. A memorandum of jurisdiction is filed along with the notice of appeal. If the Supreme Court accepts jurisdiction, briefing and oral argument are ordered. The court can then either reverse the court of appeals or affirm their decision.

If the decision of the court of appeals is affirmed, the defendant may petition the United States District Court for a writ of habeas corpus.

Federal appeals go to the United States Circuit Court of Appeals.

Habeas Corpus

Habeas corpus is an extraordinary writ. It alleges that a person is being held in custody (prison) illegally. The incarceration violates the United States Constitution. An application is made to the United states District Court by either a state or federal prisoner. The District Court will determine whether to accept the writ and grant a hearing or to dismiss the writ. If the writ is dismissed or the writ is denied after an evidentiary hearing, an appeal may be filed with the United States Circuit Court of Appeals. The federal Court of Appeals may either affirm or reverse the decision of the federal District Court.

Post Conviction Relief

Post conviction relief is a statutory civil remedy for a violation of a defendant’s constitutional rights. It is filed with the trial court. The trial court may, but is not required to grant an evidentiary hearing. If it does not grant a hearing, this decision can be appealed to the Court of appeals. If a hearing is granted but the petition is denied, this decision may also be appealed. If the defendant wins his petition, the conviction is vacated and the case is either dismissed or a new trial is ordered.

Motion to Withdraw Plea

A plea of guilty (guilty plea) or a plea of no contest (no contest plea) can be vacated either before sentencing or after sentence is imposed (post sentence) by a motion to withdraw plea under the criminal rules. A pre-sentence withdrawl of plea is to be liberally granted although a court is not compelled to grant this motion. It is required to hold a hearing if the motion is filed before sentencing. If the motion is filed after sentencing (post sentence), the court is not required to hold a hearing.