State of Ohio v. Lynette Marie McCowien

Summary

The Ohio Eleventh District Court of Appeals dismissed four criminal appeals sua sponte as untimely. The notices of appeal were filed one day after the thirty-day deadline, and the appellant had not sought leave to file a delayed appeal under Ohio Appellate Rule 5(A).

Holdings

1. A criminal appeal filed after the thirty-day period in App.R. 4(A)(1) is not properly before the court of appeals unless the defendant seeks and obtains leave to appeal under App.R. 5(A). Because McCowien filed the notices one day late and did not seek leave, the court lacked jurisdiction to consider the appeals.

Questions Presented

1. Whether the court of appeals had jurisdiction over criminal appeals filed one day after the thirty-day deadline in App.R. 4(A)(1) when the appellant had not sought leave to appeal under App.R. 5(A).

Disposition

dismissed