In a capital case in which a sentence of death is imposed for an offense committed before January 1, 1995, and in any other criminal case, including a conviction for the violation of an ordinance of a municipal corporation, the judgment or final order of a court of record inferior to the court of appeals may be reviewed in the court of appeals. A final order of an administrative officer or agency may be reviewed in the court of common pleas. A judgment or final order of the court of appeals involving a question arising under the Constitution of the United States or of this state may be appealed to the supreme court as a matter of right. This right of appeal from judgments and final orders of the court of appeals shall extend to cases in which a sentence of death is imposed for an offense committed before January 1, 1995, and in which the death penalty has been affirmed, felony cases in which the supreme court has directed the court of appeals to certify its record, and in all other criminal cases of public or general interest wherein the supreme court has granted a motion to certify the record of the court of appeals. In a capital case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the judgment or final order may be appealed from the trial court directly to the supreme court as a matter of right. The supreme court in criminal cases shall not be required to determine as to the weight of the evidence, except that, in cases in which a sentence of death is imposed for an offense committed on or after January 1, 1995, and in which the question of the weight of the evidence to support the judgment has been raised on appeal, the supreme court shall determine as to the weight of the evidence to support the judgment and shall determine as to the weight of the evidence to support the sentence of death as provided in section 2929.05 of the Revised Code.
Notes of Decisions
Cited in 223
cases (64 in the last 5 years), 1954–2026 · leading case: State v. Patrick (Slip Opinion), 2020-Ohio-6803, 172 N.E.3d 952.
State v. Patrick (Slip Opinion), 2020-Ohio-6803, 172 N.E.3d 952. · cites it 10ד03 nor R.C. 2953.02 applies to Patrick’s appeal.”
State v. Craig (Slip Opinion), 2020-Ohio-455, 151 N.E.3d 574. · cites it 11ד{¶ 29} This case presents a narrow question: when a trial court proceeds to sentence a defendant on some but not all counts of an indictment while at least one other count remains pending because a jury was unable to reach a verdict, is the defendant entitled to appellate review…”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. · cites it 14דThe paragraph immediately before the sentence in Davis quoted R.C. 2953.02 rather than the Ohio Constitution.”
State v. Smith, 684 N.E.2d 668 (Ohio 1997). · cites it 7ד, amendment to R.C. 2953.02 by 1995 Am. Sub.H.B. No. 4. These changes applied only to offenses committed on or after January 1, 1995.”
State v. Smith, 684 N.E.2d 668 (Ohio 1997). · cites it 8דThe amendments to Section 2(B)(2)(c) and Section 3(B)(2), Article IV, Ohio Constitution, and the implementing statute, R.C. 2953.02, are constitutional. 2. The courts of appeals shall not accept jurisdiction of any case in which the sentence of death has been imposed for an…”
State v. Harper (Slip Opinion), 2020-Ohio-2913, 159 N.E.3d 248. · cites it 2דSee R.C. 2953.02 (providing for 17 SUPREME COURT OF OHIO appeals in criminal cases); 2954.”
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. · cites it 2דAnalysis {¶ 76} Montgomery argues that the evidence was legally insufficient to support his guilt on the escaping-detection specification because the state “presented no evidence that the death of Tia occurred first in time or that Tahlia’s death was a means to escape detection,…”
State v. Matthews, 691 N.E.2d 1041 (Ohio 1998). · cites it 6ד2d 40 , this court found that an order granting a defendant a new trial was a “final order” within the meaning of those words as used in Section 3, Article IV of the Ohio Constitution and in R.C. 2953.02, and therefore appealable. Id.”
State v. Jackson (Slip Opinion), 2016-Ohio-5488, 73 N.E.3d 414. · cites it 2דSee Ohio Constitution, Article IV, Section 3(B)(2); R.C. 2953.02. {¶ 47} Crim.R. 32(C) prescribes the requirements for a final, appealable order in a criminal case.”
State v. Anderson, 2014-Ohio-542, 6 N.E.3d 23. · cites it 3ד{¶ 29} R.C. 2953.02 authorizes appellate courts to review the judgment or final order of a trial court in a criminal case.”
State v. Gunnell, 2012-Ohio-3236, 132 Ohio St. 3d 442. · cites it 4ד2d 897 (1980), in which we held that the overruling of a motion to dismiss on the ground of double jeopardy is a final, appealable order under R.C. 2953.02 and 2505.02. Id. at paragraph one of the syllabus.”
State v. Thompson (Slip Opinion), 2014-Ohio-4751, 23 N.E.3d 1096. · cites it 2דSee Ohio Constitution, Article IV, Section 3(B)(2); R.C. 2953.02. 8 January Term, 2014 {¶ 38} Crim.”
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