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 in a case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, is taken directly from the trial court to the supreme court, the supreme court has the same power and authority to suspend the execution of the sentence during the pendency of the appeal and admit the defendant to bail as does the court of appeals for cases in which a sentence of death is imposed for an offense committed before January 1, 1995, 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.
Notes of Decisions
Cited in 9
cases, 1954–2017 · leading case: State v. Steffen, 639 N.E.2d 67 (Ohio 1994).
State v. Steffen, 639 N.E.2d 67 (Ohio 1994). “R.C. 2953.10. Furthermore, discretionary authority to suspend execution is vested in this court during postconviction proceedings.”
State v. Steffen, 1994 Ohio 111 (Ohio 1994). “R.C. 2953.10. Furthermore, discretionary authority to suspend execution is vested in this court during postconviction proceedings.”
Coleman v. McGettrick, 207 N.E.2d 552 (Ohio 1965). · cites it 2ד” Section 2953.10, Bevised Code, provides: “The Court of Common Pleas, Court of Appeals, or Supreme Court, or any judge thereof, to which court an appeal is taken from an inferior tribunal, has the same power and authority to suspend the execution of sentence during the pendency…”
State v. Sheppard, 124 N.E.2d 730 (Ohio Ct. App. 1955). · cites it 4דThe application for bail filed in this court was not an appeal from the refusal of the Common Pleas Court to set bail, but was rather filed in this court under the provisions of Section 2953.10, Revised Code, which provides: “The Court of Common Pleas, Court of Appeals, or…”
State ex rel. Brown v. Nusbaum, 2017 Ohio 797 (Ohio Ct. App. 2017). “10 does not require a prosecutor to conduct an independent investigation and instead may reasonably rely on the investigative efforts of law- enforcement officials to satisfy the statutory obligations under R.C. 2953.10. See State ex rel. Bunting v.”
State v. Hawkins, 124 N.E.2d 453 (Ohio Ct. App. 1954). · cites it 4דHawkins to bail so that she might perfect her appeal to this court, and since the “inferior” court was authorized to so admit her to bail then this court “or any judge thereof” may admit her to bail as provided in Section 2953.10, Revised Code, which reads as follows: “The Court…”
State v. Aspell, 214 N.E.2d 834 (Ohio Ct. App. 1966). · cites it 2דIf such a stay should be granted, and the sentence thereby reinstated, appellant can then apply to that court under Section 2953.10, Eevised Code, for a suspension of sentence and for bail.”
State v. Sheppard, 123 N.E.2d 544 (Ohio Ct. App. 1955). “” The authority of the Court of Appeals to suspend the execution of sentence and admit a defendant to bail after conviction in a felony case, and after notice of appeal has been given whereby this court acquires jurisdiction of the case, is to be found in two sections of the…”
State v. Barger, 70 Ohio Law. Abs. 373 (Ohio Ct. App. 1954). “This court now has before it for determination separate motions for a stay of execution and to fix bail pending the hearing and decisions of their respective appeals based°on §2953.10 R. C.f which reads as follows: “The court of common pleas, court of appeals, or supreme court,…”
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