Ohio Revised Code Search
Section |
---|
Section 2953.03 | Motion for new trial - notice of appeal filed.
... In the case of an appeal to a court of appeals by a defendant who is convicted in a municipal or county court or a court of common pleas, in accordance with section 2937.011 of the Revised Code and Appellate Rule 8; (2) In the case of an appeal to a municipal or county court by a defendant who is convicted in a mayor's court, in accordance with section 2937.011 of the Revised Code. |
Section 2953.07 | Powers of appellate court.
...fore January 1, 1995, both the court of appeals and the supreme court, and for a case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the supreme court. |
Section 2953.08 | Appeal as a matter of right - grounds.
...otion under this division, the court of appeals may grant leave to appeal the sentence if the court determines that the allegation included as the basis of the motion is true. (2) A defendant may seek leave to appeal an additional sentence imposed upon the defendant pursuant to division (B)(2)(a) or (b) of section 2929.14 of the Revised Code if the additional sentence is for a definite prison term that is longer tha... |
Section 2953.09 | Execution of the sentence or judgment suspended.
...urt, court of common pleas, or court of appeals may suspend execution of the sentence or judgment imposed during the pendency of the appeal and shall determine whether that defendant is entitled to bail and the amount and nature of any bail that is required. The bail shall at least be conditioned that the defendant will prosecute the appeal without delay and abide by the judgment and sentence of the court. (b)(i) A... |
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.
...In cases of conviction of felony, except for aggravated murder or murder, if the defendant has been committed to a state correctional institution and sentence is suspended, the clerk of the court in which the entry is made suspending the sentence under the seal of the court shall forthwith certify the suspension to the warden of the state correctional institution, who shall deliver the defendant to the sheriff of the... |
Section 2953.13 | Reversal of conviction.
...When a defendant has been committed to a state correctional institution and the judgment by virtue of which 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 ... |
Section 2953.14 | State may institute appeal.
...Whenever a court superior to the trial court renders judgment adverse to the state in a criminal action or proceeding, the state, through either the prosecuting attorney or 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 ch... |
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.
...enced 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 appeal filed by the person. If any court rule specifies a limit on the number of pages in, or on the length of, a notice of appeal or briefs described in this division or on a prosecuting attorn... |
Section 2953.25 | Certificate of qualification for employment for persons subject to collateral sanctions.
...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 employment issued to an individual lifts the automatic bar of a collateral sanction, and a decision-maker shall consider on a case-by-case basis whether to grant or deny the issuance or restoration of an occupat... |
Section 2953.26 | Petition for certificate of qualification for housing.
...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 shall consider on a case-by-case basis w... |
Section 2953.31 | Sealing or expungement of record of conviction or bail forfeiture - definitions.
...(A) As used in sections 2953.31 to 2953.521 of the Revised Code: (1) "Prosecutor" means the county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer, who has the authority to prosecute a criminal case in the court in which the case is filed. (2) "Bail forfeiture" means the forfeiture of bail by a defendant who is arrested for the commission of a misdemeanor, other tha... |
Section 2953.32 | Sealing or expungement of record of conviction record or bail forfeiture; exceptions.
...(A)(1) Sections 2953.32 and 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.
...e purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code; (9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded; (10) By the bure... |
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... |
Section 2953.36 | [Former R.C. 2953.38, amended and renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Expungement of certain convictions for victims of human trafficking.
...(A)(1) Any person who is or was convicted of a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code may apply to the sentencing court for the expungement of the record of conviction of any offense, other than a record of conviction of a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code, the person's participation in which was a result of the person having been a victim of human t... |
Section 2953.37 | [Former R.C. 2953.56, renumbered by S.B. 288, 134th General Assembly, effective 4/4/2023] Violations of R.C. 2953.31 to 2953.61 not basis to exclude or suppress certain evidence.
...Violations of sections 2953.31 to 2953.61 of the Revised Code shall not provide the basis to exclude or suppress any of the following evidence that is otherwise admissible in a criminal proceeding, delinquent child proceeding, or other legal proceeding: (A) DNA records collected in the DNA database; (B) Fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation... |
Section 2953.39 | Low-level controlled substance offense conviction record sealing or expungement, on prosecutor's motion.
...(A) As used in this section: (1) "Applicant prosecutor" means the prosecutor who applies under division (B)(1) of this section for the sealing or expungement of the record of a case that pertains to a conviction of a person of a low-level controlled substance offense. (2) "Low-level controlled substance offense" means a violation of any provision of Chapter 2925. of the Revised Code that is a misdemeanor of the... |
Section 2953.521 | Expungement of record of not guilty finding or dismissed charges when defendant victim of human trafficking.
...(A) 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 expunge the person's official records in the case if the complaint, indictment, information, or finding of not guilty that is the subject of the application was the result of the applicant having been a victim of human traff... |
Section 2953.57 | Timing of judgment vacating and setting aside conviction because of DNA testing.
...(A) A court that enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code or under section 2953.82 of the Revised Code shall issue ninety days after the court vacates and sets aside the conviction an order directing that all official records pertaining to the case involving the vacated conviction be sealed ... |
Section 2953.58 | Effect of sealing order under R.C. 2953.57.
...(A) The court shall send notice of an order to seal official records issued pursuant to section 2953.57 of the Revised Code to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order. The notice shall be sent by certified mail, return receipt requested. (B) A person whose official records ha... |
Section 2953.59 | Law enforcement investigatory work product - sealing order under R.C. 2953.57.
...(A) Except as otherwise provided in Chapter 2950. of the Revised Code, upon the issuance of an order by a court under section 2953.57 of the Revised Code directing that all official records pertaining to a case be sealed and that the proceedings in the case be deemed not to have occurred: (1) Every law enforcement officer possessing records or reports pertaining to the case that are the officer's specific investig... |
Section 5563.11 | Taxing costs.
...n respect to costs as is equitable. The board of county commissioners shall pay any costs adjudged against them out of the county treasury. |
Section 5563.12 | Enforcement of judgment.
...Any judgment rendered by the probate court or the common pleas court in favor of any party in a road improvement cause may be enforced by execution issued out of the court, on its own motion or at the instance of the persons entitled to said judgment or a part thereof, and the money, when collected, shall be paid to the persons respectively entitled thereto. |
Section 5563.13 | Transcript and papers certified to county auditor.
...The probate judge or the common pleas judge shall make a record of all proceedings had in the court on appeal in a road improvement case, and after the termination of such proceedings, or at the conclusion of an appeal, if an appeal is prosecuted, shall certify the record to the county auditor, together with all of the original papers filed with the court on appeal. |
Section 5563.16 | Fees and compensation taxed as costs.
...For their services required on appeal the officers and other persons mentioned in sections 5563.01 to 5563.17, inclusive, of the Revised Code, shall be entitled to the fees and compensation to which they are entitled for like services in other cases. The persons appointed by the court to show the premises to the jury shall receive such compensation as the court directs, and such compensation shall be taxed with the o... |
Section 5563.17 | Procedure after judgment establishing improvement.
...n appeal is taken from the order of the board of county commissioners dismissing or refusing to grant the prayer of a petition for a road improvement, and the jury finds in favor of such improvement, the court shall render judgment establishing such improvement, unless a new trial is granted by the court, and the said improvement shall be established unless the judgment of such court is reversed. The board shall ther... |
Section 5571.01 | Road improvements.
...(A) A board of township trustees may construct, reconstruct, resurface, or improve any public road or part thereof under its jurisdiction, or any county road, intercounty highway, or state highway within its township. In the case of a county road, the plans and specifications for the proposed improvement first shall be submitted to the board of county commissioners of the county and receive its approval. In the case ... |
Section 5571.011 | Relocating roads.
...is under the jurisdiction of a board of township trustees, desires to turn or change or relocate such road or any part thereof through any part of the person's land, the person may file a petition with such board of township trustees setting forth briefly the particular change desired. Upon receipt of such petition, the board of township trustees shall give notice by publication once, not later than two weeks before ... |
Section 5571.02 | Control and maintenance of township roads.
...The board of township trustees shall have control of the township roads of its township and, except for those township roads the board places on nonmaintained status pursuant to section 5571.20 of the Revised Code, shall keep them in good repair. The board of township trustees, with the approval of the board of county commissioners or the director of transportation, may maintain or repair a county road, or intercount... |
Section 5571.03 | Compensation of trustees.
...When the board of township trustees determines to proceed in the method provided by division (A) or (B) of section 5571.02 of the Revised Code, the trustee designated to have charge of the maintenance and repair of roads and culverts within the township, or within a road district thereof, shall receive the compensation provided by section 505.24 of the Revised Code for each day of service in the discharge of such dut... |
Section 5571.04 | Compensation of superintendent.
...When the board of township trustees determines to proceed as provided in division (C) of section 5571.02 of the Revised Code and appoints a highway superintendent, except as otherwise provided in section 3.061 of the Revised Code, the superintendent shall, before entering upon the discharge of the official duties of superintendent, give bond to the state, for the use of the township, in the sum of two thousand dollar... |
Section 5571.05 | Supervision of maintenance and repair of township roads.
...nance and repair of roads, the board of township trustees and any township highway superintendent appointed by it, shall be subject to the general supervision and direction of the county engineer. Such board of township trustees shall follow the direction of the engineer as to methods to be followed in making repairs. |
Section 5571.06 | Persons not to be counted either for or against the improvement.
...persons, necessary to give the board of township trustees jurisdiction, have signed the petition asking for a road improvement, the following persons shall not be counted either for or against the improvement: (A) Resident landowners whose only real estate within the legal assessment distance of such road is located in a municipal corporation; (B) Owners of life and leasehold estates; (C) Minors and other persons ... |
Section 5571.07 | Petition by landowners - duties of board of township trustees.
...provement, is presented to the board of township trustees asking for the construction, reconstruction, resurfacing, or improvement of any public road or part thereof, the board shall, within thirty days after such petition is presented, go upon the line of the proposed improvement and, after viewing it, determine whether the public convenience and welfare require that such improvement be made. If the board determines... |
Section 5571.08 | Removal of obstructions.
...71.20 of the Revised Code, the board of township trustees shall cause all the township roads within the township to be kept free from obstruction by snow. The cost and expense thereof shall be paid from the road funds of the township or from the funds allocated to the township by section 5735.27 of the Revised Code. |
Section 5571.09 | Suits by board of township trustees.
...The board of township trustees may bring and maintain all suits involving an injury to any townhsip road, ditch, drain, or watercourse under the jurisdiction of such board and for the prevention of injury thereto. In case such road, ditch, drain, or watercourse is under the jurisdiction of two or more boards of township trustees, such joint board may bring and maintain such action. Such board or joint board may recov... |
Section 5571.10 | Landscape and beautification projects.
...pon petition or otherwise, the board of township trustees may provide for landscape and beautification projects along the road. Such projects may include planting trees or other plants and installing and maintaining decorative pathways, walls, signage, fencing, banners, fountains, and other similar features. In providing for the projects, the board shall proceed in accordance with Chapter 5575. of the Revised Code. ... |
Section 5571.12 | Dragging graveled and unimproved roads semiannually.
...71.20 of the Revised Code, the board of township trustees shall cause the graveled and unimproved public roads of the township to be dragged. At the beginning of each fiscal half year, the board, before making any other appropriations from the township road fund, shall appropriate and set aside a sum sufficient to meet the expense of dragging the graveled and unimproved public roads of the township during the ensuing... |
Section 5571.14 | Object bounding township road may be declared public nuisance.
...(A) A board of township trustees or township highway superintendent may determine that an object bounding any township road and located wholly or in part on the land belonging to the road interferes with snow or ice removal from, the maintenance of, or the proper grading, draining, or dragging of the road, causes the drifting of snow on the road, or in any other manner obstructs or endangers the public travel of ... |
Section 5571.15 | Board of township trustees may improve roads without petition.
...ision (B) of this section, the board of township trustees, without the presentation of a petition, may take the necessary steps to construct, reconstruct, resurface, or improve a public road or part thereof, upon the passage of a resolution by unanimous vote declaring the necessity for the construction, reconstruction, resurfacing, or improvement. The cost thereof may be paid by any of the methods provided in section... |
Section 5571.16 | Obtaining permit before installing driveway culvert or making excavation in township highway or highway right-of-way.
...The board of township trustees, by resolution, may require any person to obtain a permit before installing a driveway culvert or making any excavation in a township highway or highway right-of-way within its jurisdiction, except an excavation to repair, rehabilitate, or replace a pole already installed for the purpose of providing electric or telecommunications service. The board, as a condition to the granting of th... |
Section 5571.20 | Township trustees may place graveled or unimproved road in nonmaintained status.
...ivision (D) of this section, a board of township trustees by resolution may place a graveled or unimproved township road under its jurisdiction that is not passable year-round or any portion of such a road on nonmaintained status. Prior to adopting a resolution that places a road on nonmaintained status, the board shall hold at least two public hearings to allow for public comment on the proposed resolution. The boar... |
Section 5571.99 | Penalty.
...Whoever violates section 5571.16 of the Revised Code shall be fined not more than two hundred dollars or imprisoned not more than thirty days, or both. |
Section 5573.01 | Resolution for road improvement.
...When the board of township trustees has determined that any road shall be constructed, reconstructed, resurfaced, or improved, the board shall determine by resolution, by unanimous vote if acting without a petition, and by a majority vote if acting upon a petition, the route and termini of the road, and the kind and extent of the improvement, and at the same time shall order the county engineer or, if the township ha... |
Section 5573.02 | Transmission of surveys, plans, and specifications to board - notice.
...engineer shall transmit to the board of township trustees copies of the same. Except in cases of reconstruction or repair of roads, where no land or property is taken, the board shall then publish, once a week for two consecutive weeks, a notice using at least one of the following methods: (A) In the print or digital edition of a newspaper of general circulation within the township; (B) On the official public not... |
Section 5573.06 | Order to proceed with improvement.
... for any road improvement, the board of township trustees is satisfied that the public convenience and welfare require that such improvement be made, and that the costs of such improvement will not be excessive in view of its public utility, such board shall order, by resolution, that such improvement be proceeded with, and shall adopt the surveys, plans, profiles, cross sections, estimates, and specifications theref... |