Ohio Revised Code Search
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Section 2506.02 | Notice of appeal - filing transcript.
...in forty days after filing a notice of appeal in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code, the officer or body from which the appeal is taken, upon the filing of a praecipe by the appellant, shall prepare and file in the court to which the appeal is taken, a complete transcript of all the original papers, testimony, and evidence offered, hear... |
Section 2506.03 | Hearing.
...(A) The hearing of an appeal taken in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code shall proceed as in the trial of a civil action, but the court shall be confined to the transcript filed under section 2506.02 of the Revised Code unless it appears, on the face of that transcript or by affidavit filed by the appellant, that one of the following ... |
Section 2506.04 | Order, adjudication, or decision of court.
...If an appeal is taken in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code, the court may find that the order, adjudication, or decision is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the court may... |
Section 2506.05 | Expedited appeal of final order regarding adult entertainment establishments.
...f the Revised Code. (2) In addition to appeals brought pursuant to division (A)(1) of this section, a court of common pleas may hear appeals under this section and sections 2506.06 to 2506.08 of the Revised Code in cases in which the court determines that there is a threat of restraint of expression protected or presumptively protected under the First Amendment to the United States Constitution or under Section 11 o... |
Section 2506.06 | Transcript to be filed following notice of appeal.
...ing notice of the filing of a notice of appeal under section 2506.05 of the Revised Code, the officer or body from which the appeal is taken, upon the filing of a praecipe by the appellant, shall prepare and file in the court to which the appeal is taken, a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order, adjudication, or ... |
Section 2506.07 | Hearing confined to transcript - exceptions.
...(A) The hearing of an appeal taken under section 2506.05 of the Revised Code shall proceed as in the trial of a civil action, but the court shall be confined to the transcript as filed under section 2506.06 of the Revised Code unless it appears on the face of that transcript or by affidavit filed by the appellant that one or more of the following applies: (1) The transcript does not contain a report of all evidence ... |
Section 2506.08 | Findings and order of court on appeal.
...If an appeal is taken under section 2506.05 of the Revised Code, the court may find that the order, adjudication, or decision is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the court may affirm, reverse, vacate, or modify the order, adjudication, or decision, or r... |
Section 2953.01 | Appeals and post-conviction remedies definitions.
...The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2953. of the Revised Code. |
Section 2953.03 | Motion for new trial - notice of appeal filed.
... the Revised Code. (B) If a notice of appeal is filed pursuant to the Rules of Appellate Procedure or Chapter 1905. of the Revised Code by a defendant who is convicted in a municipal, county, or mayor's court or a court of common pleas of a misdemeanor under the Revised Code or an ordinance of a municipal corporation, if that defendant was on bail at the time of the conviction of that offense, and if execution of t... |
Section 2953.07 | Powers of appellate court.
...(A) Upon the hearing of an appeal other than an appeal from a mayor's court, the appellate court may affirm the judgment or reverse it, in whole or in part, or modify it, and order the accused to be discharged or grant a new trial. The appellate court may remand the accused for the sole purpose of correcting a sentence imposed contrary to law, provided that, on an appeal of a sentence imposed upon a person who is con... |
Section 2953.08 | Appeal as a matter of right - grounds.
...(A) In addition to any other right to appeal and except as provided in division (D) of this section, a defendant who is convicted of or pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant on one of the following grounds: (1) The sentence consisted of or included the maximum definite prison term allowed for the offense by division (A) of section 2929.14 or section 2929.14... |
Section 2953.09 | Execution of the sentence or judgment suspended.
...(A)(1) Upon filing an appeal in the supreme court, the execution of the sentence or judgment imposed in cases of felony is suspended. (2)(a) If a notice of appeal is filed pursuant to the Rules of Appellate Procedure by a defendant who is convicted in a municipal or county court or a court of common pleas of a felony or misdemeanor under the Revised Code or an ordinance of a municipal corporation, the filing of the... |
Section 2953.10 | Power and authority to suspend execution of sentence.
...When an appeal is taken from a court of appeals to the supreme court, the supreme court has the same power and authority to suspend the execution of sentence during the pendency of the appeal and admit the defendant to bail as does the court of appeals unless another section of the Revised Code or the Rules of Practice of the Supreme Court specify a distinct bail or suspension of sentence authority. When an appeal i... |
Section 2953.11 | Custody of defendant under suspended sentence pending appeal.
...ted to bail pending the decision on the appeal or the termination of the suspension of sentence. If the judgment is affirmed or if the suspension of sentence is terminated, the sheriff shall convey the defendant to the state correctional institution to serve the balance of the defendant's term of sentence. The supreme court in the order allowing the filing of an appeal may provide that the defendant shall remain in t... |
Section 2953.13 | Reversal of conviction.
...the commitment was made is reversed on appeal, and the defendant is entitled to discharge or a new trial, or when the case is remanded to the trial court for any reason, the clerk of the court reversing the judgment or remanding the case, under the seal of the court, shall forthwith certify the reversal or remand to the warden of the state correctional institution. The warden, on receipt of the certificate,... |
Section 2953.14 | State may institute appeal.
... the attorney general, may institute an appeal to reverse such judgment in the next higher court. If the conviction was for a violation of a municipal ordinance, such appeal may be brought by the village solicitor, city director of law, or other chief legal officer of the municipal corporation. Like proceedings shall be had in the higher court at the hearing of the appeal as in the review of other criminal actions or... |
Section 2953.21 | Post conviction relief petition.
...ial transcript is filed in the court of appeals in the direct appeal of the judgment of conviction or adjudication or, if the direct appeal involves a sentence of death, the date on which the trial transcript is filed in the supreme court. If no appeal is taken, except as otherwise provided in section 2953.23 of the Revised Code, the petition shall be filed no later than three hundred sixty-five days after the expira... |
Section 2953.22 | Post conviction relief hearing.
...If a hearing is granted pursuant to section 2953.21 of the Revised Code, the petitioner shall be permitted to attend the hearing. Testimony of the prisoner or other witnesses may be offered by deposition. If the petitioner is in a state correctional institution, he may be returned for the hearing upon the warrant of the court of common pleas of the county where the hearing is to be held. The approval of the governo... |
Section 2953.23 | Post conviction relief petition - time for filing.
...sed Code is a final judgment and may be appealed pursuant to Chapter 2953. of the Revised Code. If a petition filed pursuant to section 2953.21 of the Revised Code by a person who has been sentenced to death is denied and the person appeals the judgment, notwithstanding any law or court rule to the contrary, there is no limit on the number of pages in, or on the length of, a notice of appeal or briefs related to an... |
Section 2953.26 | Petition for certificate of qualification for housing.
...denies the petition, the individual may appeal the decision to the court of appeals only if the individual alleges that the denial was an abuse of discretion on the part of the court of common pleas. (D)(1) A certificate of qualification for housing issued to an individual under this section or section 2961.25 of the Revised Code lifts the automatic bar of a collateral sanction for housing and a decision-maker shal... |
Section 2953.31 | Sealing or expungement of record of conviction or bail forfeiture - definitions.
...on or guilty plea was not overturned on appeal; (c) Records, reports, or audits maintained by the auditor of state pursuant to Chapter 117. of the Revised Code. (4) "Official proceeding" has the same meaning as in section 2921.01 of the Revised Code. (5) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (6) "Post-release control" and "post-release control sanctio... |
Section 2953.32 | Sealing or expungement of record of conviction record or bail forfeiture; exceptions.
...(A)(1) Sections 2953.32 to 2953.34 of the Revised Code do not apply to any of the following: (a) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters; (b) Convictions of a felony offense of violence that is not a sexually oriented offense; (c)... |
Section 2953.33 | [Former R.C. 2953.52, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Sealing of official records after not guilty finding, dismissal of proceedings, grand jury no bill, or pardon.
...(A)(1) Any person, who is found not guilty of an offense by a jury or a court or who is the defendant named in a dismissed complaint, indictment, or information, may apply to the court for an order to seal or, except as provided in division (C) of this section, expunge the person's official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after t... |
Section 2953.34 | Effect of sealing or expungement order under R.C. 2953.32 or 2953.33.
...r is not "final" if time remains for an appeal or application for discretionary review with respect to the order. (G)(1) The court shall send notice of any order to seal or expunge official records issued pursuant to section 2953.32 of the Revised Code to the bureau of criminal identification and investigation and to any public office or agency that the court knows or has reason to believe may have any record of t... |
Section 2953.35 | [Former R.C. 2953.37, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Expungement of certain convictions relating to firearms.
...(A) Any person who is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (B), (C), or (E) of section 2923.16 of the Revised Code as the division existed prior to September 30, 2011, or a violation of division (E)(1) or (2) of section 2923.16 of the Revised Code as the division existed prior to June 13, 2022, and who is authorized by division (H)(2)(a) of that section to... |