(A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter of right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case or of the juvenile court in a delinquency case. In addition to any other right to appeal under this section or any other provision of law, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general may appeal, in accordance with section 2953.08 of the Revised Code, a sentence imposed upon a person who is convicted of or pleads guilty to a felony.
(B) In any proceeding brought pursuant to division (A) of this section, the court, in accordance with Chapter 120. of the Revised Code, shall appoint the county public defender, joint county public defender, or other counsel to represent any person who is indigent, is not represented by counsel, and does not waive the person's right to counsel.
Notes of Decisions
Cited in 521
cases (95 in the last 5 years), 1955–2026 · leading case: State v. Hampton, 2012 Ohio 5688 (Ohio 2012).
State v. Hampton, 2012 Ohio 5688 (Ohio 2012). · cites it 21ד67(A) and that the state could not appeal as a matter of right or by leave pursuant to R.C. 2945.67. Two years later, in Yates, on petition for a writ of prohibition, we examined whether a judgment of acquittal entered by a trial court pursuant to Crim.”
State ex rel. Steffen v. Court of Appeals, First Appellate Dist., 2010 Ohio 2430 (Ohio 2010). · cites it 27ד) IN PROHIBITION. __________________ Per Curiam. {¶ 1} This is an action for a writ of prohibition to prevent court of appeals judges from proceeding in the state’s appeal from the decision of a trial court granting a motion for a new trial in a capital case.”
State v. Ross, 2010 Ohio 6282 (Ohio 2010). · cites it 34ד29(C) is a final verdict within the meaning of R.C. 2945.67 and is not appealable by the state as a matter of right or by leave to appeal pursuant to that statute.”
State v. Ramirez (Slip Opinion), 2020 Ohio 602 (Ohio 2020). · cites it 26ד33(A)(4)—Neither the double-jeopardy protection nor R.C. 2945.67 prevents the state from appealing an order granting a new trial based on insufficient evidence.”
State v. Noling (Slip Opinion), 2016 Ohio 8252 (Ohio 2016). · cites it 10ד” Unlike the language in (E) that the dissent would sever, R.”
State v. Matthews, 691 N.E.2d 1041 (Ohio 1998). · cites it 13ד67, which provides that “[a] prosecuting attorney * * * may appeal as a matter of right any decision of a trial court in a criminal case * * * which grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion…”
State v. Lomax, 2002 Ohio 4453 (Ohio 2002). · cites it 12ד03(A)—Appeal by state—In light of R.C. 2945.67(A) requirements, court of appeals lacks subject-matter jurisdiction to review trial court’s judgment entry.”
State v. Henderson (Slip Opinion), 2020 Ohio 4784 (Ohio 2020). · cites it 3ד2d 1032, ¶ 118 (R.C. 2945.67 allowed state’s appeal of the trial court’s decision granting a mistrial in penalty phase of trial and imposing a life sentence on the accused).”
State v. Lomax, 96 Ohio St. 3d 318 (Ohio 2002). · cites it 11דThe state claimed to have an appeal as of right pursuant to R.C. 2945.67(A) because the trial court had dismissed a portion of the indictment.”
State ex rel. Yates v. Court of Appeals, 512 N.E.2d 343 (Ohio 1987). · cites it 18ד29(C), is a final verdict within the meaning of R.C. 2945.67. For the reasons which follow, we hold that it is and that, consequently, the state could not appeal therefrom.”
In re M.M., 2013 Ohio 1495 (Ohio 2013). · cites it 24דBut the General Assembly — and the General Assembly alone^ — has the authority to provide by law the method of exercising that jurisdiction.”
State v. Bistricky, 555 N.E.2d 644 (Ohio 1990). · cites it 9דBecause the court of appeals did not render an opinion or judgment on either of the substantive law issues, we will consider only the issue of whether a court of appeals has authority pursuant to R.C. 2945.67 to grant the state’s request for leave to appeal on substantive law…”
State v. Hampton, 2012 Ohio 5688 (Ohio 2012). “67(A) and that the state could not appeal as a matter of right or by leave pursuant to R.C. 2945.67. Two years later, in Yates, on petition for a writ of prohibition, we examined whether a judgment of acquittal entered by a trial court pursuant to Crim.”
State ex rel. Steffen v. Court of Appeals, First Appellate Dist., 2010 Ohio 2430 (Ohio 2010). “) IN PROHIBITION. __________________ Per Curiam. {¶ 1} This is an action for a writ of prohibition to prevent court of appeals judges from proceeding in the state’s appeal from the decision of a trial court granting a motion for a new trial in a capital case.”
State v. Ross, 2010 Ohio 6282 (Ohio 2010). “29(C) is a final verdict within the meaning of R.C. 2945.67 and is not appealable by the state as a matter of right or by leave to appeal pursuant to that statute.”
State v. Noling (Slip Opinion), 2016 Ohio 8252 (Ohio 2016). “” Unlike the language in (E) that the dissent would sever, R.”
State v. Lomax, 2002 Ohio 4453 (Ohio 2002). “03(A)—Appeal by state—In light of R.C. 2945.67(A) requirements, court of appeals lacks subject-matter jurisdiction to review trial court’s judgment entry.”
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