OH · rules
Ohio S.Ct.Prac.R. 5.01
Appeals of Right
(A) Definition
As used in these rules, an “appeal of right” is one of the following:
(1) An appeal from a decision of a court of appeals in a case in which the death
penalty has been affirmed for an offense committed prior to January 1, 1995;
(2) An appeal from the decision of a court of appeals under App.R. 26(B) in a
capital case;
(3) An appeal from a decision of a court of appeals in a case that originated in
the court of appeals and that invokes the appellate jurisdiction of the Supreme
Court;
(4) An appeal from a decision of a court of common pleas in a case in which
the death penalty has been imposed for an offense committed on or after January 1,
1995;
(5) An appeal from a decision of a court of common pleas in a case contesting
an election under R.C. 3515.15;
(6) An appeal from a decision of a court of common pleas that denies an
application for DNA testing pursuant to R.C. 2953.73 for a person who has been
sentenced to death.
(B) Instituting a case
(1) An appeal of right as designated in Rule 5.01(A)(1), (2), and (4) shall be filed as
provided for in Rule 11.01.
(2) An appeal of right as designated in Rule 5.01(A)(3), (5), and (6) shall be filed as
provided for in Rule 6.01.
History
Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; June 1, 2000; July 1, 2004; August 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; June 1, 2017; April 1, 2025
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
3b386988ceb16b8fc20f211738a6f39f6b7b21c10fa7cced714a961772e9d3a9
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