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OH HB477

Bill

Status

Introduced

3/13/2012

Primary Sponsor

Danny Bubp

Click for details

Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

  • Allows prosecuting attorneys, city directors of law, village solicitors, and the attorney general to immediately appeal as a matter of right any trial court decision granting a motion to dismiss (with or without prejudice), suppressing evidence, returning seized property, or granting post-conviction relief.

  • Extends the prosecution's immediate appeal right to any other final appealable decision, order, or judgment of the trial court in criminal cases or juvenile court in delinquency cases, except final verdicts.

  • Prohibits appeals of right if the double jeopardy clause bars further prosecution, unless the appeal addresses issues capable of repetition that would otherwise evade appellate review.

  • Allows prosecutors to seek leave to appeal from the court of appeals if the time for pursuing an appeal of right has expired, and permits cross-appeals as a matter of right when a defendant is granted a delayed appeal.

  • Requires courts to appoint public defenders or counsel for indigent defendants who are not represented in proceedings brought by the prosecution under this section.

Legislative Description

With respect to the right of the prosecution in a criminal or juvenile case to appeal the court's decision, order, or judgment.

Prosecution-criminal & juvenile cases-right to appeal

Last Action

To Criminal Justice

3/13/2012

Full Bill Text

No bill text available