(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 notice of appeal does not suspend execution of the sentence or judgment imposed. However, consistent with divisions (A)(2)(b), (B), and (C) of this section, section 2937.011 of the Revised Code, and Appellate Rule 8, the municipal or county court, 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 court of common pleas or court of appeals may suspend the execution of a sentence of death imposed for an offense committed before January 1, 1995, only if no date for execution has been set by the supreme court, good cause is shown for the suspension, the defendant files a motion requesting the suspension, and notice has been given to the prosecuting attorney of the appropriate county.
(ii) A court of common pleas may suspend the execution of a sentence of death imposed for an offense committed on or after January 1, 1995, only if no date for execution has been set by the supreme court, good cause is shown, the defendant files a motion requesting the suspension, and notice has been given to the prosecuting attorney of the appropriate county.
(iii) A court of common pleas or court of appeals may suspend the execution of the sentence or judgment imposed for a felony in a capital case in which a sentence of death is not imposed only if no date for execution of the sentence has been set by the supreme court, good cause is shown for the suspension, the defendant files a motion requesting the suspension, and only after notice has been given to the prosecuting attorney of the appropriate county.
(B) Notwithstanding any provision of section 2937.011 of the Revised Code to the contrary, a trial judge of a court of common pleas shall not release on bail pursuant to division (A)(2)(a) of this section a defendant who is convicted of a bailable offense if the defendant is sentenced to imprisonment for life or if that offense is a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11 of the Revised Code or is felonious sexual penetration in violation of former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is prohibited by division (B) of this section from releasing on bail pursuant to division (A)(2)(a) of this section a defendant who is convicted of a bailable offense and not sentenced to imprisonment for life, the appropriate court of appeals or two judges of it, upon motion of the defendant and for good cause shown, may release the defendant on bail in accordance with division (A)(2) of this section.
Last updated July 18, 2023 at 12:37 PM
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1965–2026 · leading case: State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923.
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. · cites it 2דUsing examples of postrelease control and imposition of consecutive sentences – not at issue here – the majority has managed to go far afield of the narrow issue in this case: whether R.C. 2953.09(D)(1), the exception to the right of a defendant to appeal a felony sentence,…”
State v. Martinez, 2016-Ohio-5515. · cites it 4דnot limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person’s intention to file or apply for leave to file an appeal…”
State ex rel. Pirman v. Money, 635 N.E.2d 26 (Ohio 1994). · cites it 2ד) Moreover, since there is no constitutional right to postconviction bail, the right to such bail exists by virtue of R.C. 2953.09, App.R. 8, and Grim.R. 46. See, e.”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. · cites it 2ד{¶15} “The right to bail after sentencing in felony cases exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46.” (Emphasis added.”
Coleman v. McGettrick, 207 N.E.2d 552 (Ohio 1965). · cites it 2ד” Section 2953.09, Revised Code, provides: “Upon filing an appeal in the Supreme Court, the execution *179 of sentence in cases of felony is suspended.”
State v. Johnson, 2021-Ohio-4447. · cites it 2דnot limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person’s intention to file or apply for leave to file an appeal…”
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). · cites it 7ד02(A) contains similar authority to that of R.C. 2953.09 (A)(2)(a), and R.C. 2949.02(B) and (C) contain limitations on trial courts similar to that of R.”
Dapice v. Stickrath, 533 N.E.2d 339 (Ohio 1988). · cites it 2דThe right to bail on appeal exists through R.C. 2953.09, 3 App. R. 8, and Crim. R. 46.”
State ex rel. Pirman v. Money, 1994 Ohio 208 (Ohio 1994). · cites it 2ד) Moreover, since there is no constitutional right to postconviction bail, the right to such bail exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46. See, e.”
State v. Lambrecht, 544 N.E.2d 702 (Ohio Ct. App. 6th Dist. 1989). “46(A) provides that: “All persons are entitled to bail, except in capital cases where the proof is evident or the presumption great.”
State v. Polk, 695 N.E.2d 1224 (Ohio Ct. App. 3d Dist. 1997). · cites it 2דAdditionally, we note that neither R.C. 2953.09, App.R. 8, or Crim.R. 46 expressly prohibits a cash deposit from being used to pay restitution, fines, and costs owed on a lawful judgment.”
State ex rel. Ju v. Mayer, 2026-Ohio-1481. · cites it 2ד” But Ju does not identify any authority, statutory or otherwise, that obligates a reviewing official to docket or assign a case number to an affidavit filed in accordance with R.C. 2953.09. The text of R.C. 2935.09(D) does not impose this duty on a reviewing official.”
State v. Martinez, 2016-Ohio-5515. “not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person’s intention to file or apply for leave to file an appeal…”
Ohio Rev. Code § 2953.09(A): 1 case
Dapice v. Stickrath, 533 N.E.2d 339 (Ohio 1988). “The right to bail on appeal exists through R.C. 2953.09, 3 App. R. 8, and Crim. R. 46.”
Ohio Rev. Code § 2953.09(A)(2)(a): 6 cases
State ex rel. Pirman v. Money, 635 N.E.2d 26 (Ohio 1994). “) Moreover, since there is no constitutional right to postconviction bail, the right to such bail exists by virtue of R.C. 2953.09, App.R. 8, and Grim.R. 46. See, e.”
State v. Martinez, 2016-Ohio-5515. “not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person’s intention to file or apply for leave to file an appeal…”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. “{¶15} “The right to bail after sentencing in felony cases exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46.” (Emphasis added.”
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). “02(A) contains similar authority to that of R.C. 2953.09 (A)(2)(a), and R.C. 2949.02(B) and (C) contain limitations on trial courts similar to that of R.”
State ex rel. Pirman v. Money, 1994 Ohio 208 (Ohio 1994). “) Moreover, since there is no constitutional right to postconviction bail, the right to such bail exists by virtue of R.C. 2953.09, App.R. 8, and Crim.R. 46. See, e.”
Ohio Rev. Code § 2953.09(B): 1 case
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). “02(A) contains similar authority to that of R.C. 2953.09 (A)(2)(a), and R.C. 2949.02(B) and (C) contain limitations on trial courts similar to that of R.”
Ohio Rev. Code § 2953.09(D): 1 case
State ex rel. Ju v. Mayer, 2026-Ohio-1481. “” But Ju does not identify any authority, statutory or otherwise, that obligates a reviewing official to docket or assign a case number to an affidavit filed in accordance with R.C. 2953.09. The text of R.C. 2935.09(D) does not impose this duty on a reviewing official.”
Ohio Rev. Code § 2953.09(D)(1): 1 case
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. “Using examples of postrelease control and imposition of consecutive sentences – not at issue here – the majority has managed to go far afield of the narrow issue in this case: whether R.C. 2953.09(D)(1), the exception to the right of a defendant to appeal a felony sentence,…”
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