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OH HB477
Bill
Status
3/13/2012
Primary Sponsor
Danny Bubp
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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