Appeals
Appeals from the County Court and Common Pleas Court
are heard in the District Court of Appeals. Carroll County is part
of the Seventh Appellate District. Appeals from the Court of Appeals
are heard in the Supreme Court of
Ohio.
There are three kinds of appeals:
(1) interlocutory
(2) of right
(3) by leave.
Interlocutory appeal: occurs when a party tries to appeal a judge's decision before the case has come to trial, or before a trial is finished.
Appeal of right: occurs after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge).
Appeal by leave of the court; occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can "grant leave".
If the appellate court grants leave to appeal, the
defendant and prosecutor file briefs that summarize the case facts, frame
the legal issues to be decided, and present persuasive written arguments
(supported by constitutional, statutory or prior case decision authority).
Either party can request that the case be scheduled before the appellate
court judges for oral argument. The appellate court will eventually
issue a written opinion (or several opinions, if the justices disagree).
Not all appellate opinions are "published" (i.e., printed in official "reporter"
services. The legal analysis and conclusions in published opinions
are given greater precedential authority than "unpublished" opinions.