Ohio S.Ct.Prac.R. 11.01

(A) Perfection of an appeal from the court of appeals

(1) To perfect an appeal of right pursuant to Rule 5.01(A)(1) from a court of appeals

for a case in which the death penalty has been imposed for an offense committed prior to

January 1, 1995, the appellant shall file a notice of appeal, accompanied by the court of

appeals’ opinion and judgment entry, in the Supreme Court within forty-five days from the

filing of the entry of the judgment being appealed.

(2) To perfect an appeal of right pursuant to Rule 5.01(A)(2) from a court of appeals’

decision under App.R. 26(B) in a capital case, the appellant shall file a notice of appeal,

accompanied by the court of appeals’ opinion and judgment entry, in the Supreme Court

within forty-five days from the journalization of the entry of the judgment being appealed.

(B) Perfection of an appeal from the court of common pleas

(1) To perfect an appeal of right pursuant to Rule 5.01(A)(4) for a case in which the

death penalty has been imposed for an offense committed on or after January 1, 1995, the

appellant shall file a notice of appeal, accompanied by the court of common pleas’

judgment entry, in the Supreme Court within forty-five days from the journalization of the

entry of the judgment being appealed or the filing of the trial court opinion pursuant to R.C.

2929.03(F), whichever is later.

(2) If the appellant timely files in the trial court a motion for a new trial, or for arrest of

judgment, the time for filing a notice of appeal begins to run after the order denying the

motion is entered. However, a motion for a new trial on the ground of newly discovered

evidence extends the time for filing the notice of appeal only if the motion is made before

the expiration of the time for filing a motion for a new trial on grounds other than newly

discovered evidence.

(3) When the time has expired for filing a notice of appeal in the Supreme Court, the

appellant may seek to file a delayed appeal by filing a motion for delayed appeal and a

notice of appeal. The motion shall state the date of the journalization of the entry of the

judgment being appealed, the date of the filing of the trial court opinion pursuant to R.C.

2929.03(F), and adequate reasons for the delay. Facts supporting the motion shall be set

forth in an affidavit.

(C) Copy of the praecipe to court reporter

A notice of appeal filed pursuant to Rule 11.01(B)(1) shall be accompanied by a copy of

the praecipe that was served by the appellant on the court reporter pursuant to Rule

11.03(C)(2). The appellant shall certify on this copy the date the praecipe was served on

the reporter.

(D) Notice to lower court

The Clerk of the Supreme Court shall send a date-stamped copy of the notice of appeal to

the clerk of the court of common pleas or of the court of appeals whose judgment is being

appealed.

(E) Jurisdiction of common pleas court and court of appeals after appeal to Supreme

Court is perfected

After a death-penalty appeal of right is perfected from a court of common pleas or court of

appeals to the Supreme Court, the court of common pleas or court of appeals is divested of

jurisdiction, except to take action in aid of the appeal, to grant a stay of execution if the

Supreme Court has not set an execution date, to consider postconviction petitions, or to

appoint counsel.

Effective: June 1, 1994