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Supreme Court of Ohio
- Direct Appeals When a defendant is sentenced to death, the case is appealed directly to the Supreme Court of Ohio. The direct appeal is limited to a review of matters contained in the record made in the trial court. New evidence cannot be raised in this appeal.
opd.ohio.gov/about-opd/divisions/appellate-services/death-penalty
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Jul 8, 2021 · Ohio’s postconviction relief statute was similarly amended to provide broader rights to defendants who are sentenced to death. 15 In addition to postconviction actions, defendants sentenced to death can immediately take a direct appeal to the Ohio Supreme Court.
a capital case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the judgment or final order may be appealed from the trial court directly to the supreme court as a matter of right.” (Emphasis added.)
These cases currently include both appeals from courts of appeals affirming imposition of the death penalty by a trial court and, for capital crimes committed on or after Jan. 1, 1995, appeals taken directly from the trial courts.
Oct 16, 1997 · State of Ohio v. Smith (80 Ohio St.3d 89) is a landmark decision by the Supreme Court of Ohio, decided on October 15, 1997. The case involves Kenneth W. Smith, who was convicted of the aggravated felony murders of Lewis Ray and Ruth Ray, with the trial court imposing the death penalty on Smith. This judgment is pivotal as it addresses the ...
But a death penalty case automatically comes to the Ohio Supreme Court. Before 1995, death penalty cases did not go directly to the Supreme Court. They were first appealed to the state’s intermediate courts of appeals—like the one I sat on.
The court must provide an indigent defendant with an attorney to represent them on a direct appeal. The direct appeal is triggered by the filing of a Notice of Appeal (NOA). The NOA must be filed within 30 days of the filing of the judgment entry of sentencing and conviction in the trial court.