Sec. 2945.67. (A) AExcept as otherwise provided in this | 7 |
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division, a prosecuting attorney, village solicitor, city director | 8 |
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of law, or similar chief legal officer of a municipal corporation, | 9 |
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or the attorney general, may immediately appeal as a matter of | 10 |
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right any decision of a trial court in a criminal case, or any | 11 |
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decision of a juvenile court in a delinquency case, which decision | 12 |
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grants a motion to dismiss, with or without prejudice, all or any | 13 |
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part of an indictment, complaint, or information, a motion to | 14 |
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suppress evidence, or a motion for the return of seized property | 15 |
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or grants post conviction relief pursuant to sections 2953.21 to | 16 |
2953.24 of the Revised Code, and may immediately appeal by leave | 17 |
of the court to which the appeal is takenas a matter of right any | 18 |
other final appealable decision,
except the final verdict,order, | 19 |
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or judgment of the trial court in a criminal case or of the | 20 |
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juvenile court in a delinquency case. No appeal of right shall lie | 21 |
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if the double jeopardy clause of the constitution of this state or | 22 |
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the United States prohibits further prosecution, provided that an | 23 |
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appeal of right otherwise barred by double jeopardy may proceed if | 24 |
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it addresses one or more issues that are capable of repetition but | 25 |
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that otherwise would evade appellate review. In addition to any | 26 |
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other right to appeal under this section or any other provision of | 27 |
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law, a prosecuting attorney, city director of law, village | 28 |
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solicitor, or similar chief legal officer of a municipal | 29 |
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corporation, or the attorney general may appeal, in accordance | 30 |
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with section 2953.08 of the Revised Code, a sentence imposed upon | 31 |
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a person who is convicted of or pleads guilty to a felony. | 32 |
| (B) If the time for pursuing an appeal of right has expired, | 33 |
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a prosecuting attorney, city director of law, village solicitor, | 34 |
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or similar chief legal officer of a municipal corporation, or the | 35 |
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attorney general, may seek leave to appeal from the court of | 36 |
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appeals. Such an appeal shall be instituted by filing a notice of | 37 |
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appeal in the trial court and by concurrently filing a motion for | 38 |
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leave to appeal in the court of appeals. The motion shall set | 39 |
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forth the reasons for the failure of the appellant to perfect an | 40 |
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appeal of right. | 41 |
| If a defendant in a case is granted leave to pursue a delayed | 42 |
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appeal pursuant to Appellate Rule 5, a prosecuting attorney, city | 43 |
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director of law, village solicitor, or similar chief legal officer | 44 |
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of a municipal corporation, or the attorney general, may | 45 |
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cross-appeal as a matter of right from the decision, order, or | 46 |
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judgment from which the defendant is appealing. The cross-appeal | 47 |
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shall be filed within thirty days of the decision, order, or | 48 |
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judgment granting the defendant leave to appeal. | 49 |
| (C) In any proceeding brought pursuant to division (A) or (B) | 50 |
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of this section, the court, in accordance with Chapter 120. of the | 51 |
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Revised Code, shall appoint the county public defender, joint | 52 |
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county public defender, or other counsel to represent any person | 53 |
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who is indigent, is not represented by counsel, and does not waive | 54 |
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the person's right to counsel. | 55 |
