State of Ohio v. Deolia A. Day a.k.a. Deolia A. Perry

Summary

The Ohio Eleventh District Court of Appeals dismissed Deolia A. Day’s criminal appeal as untimely. The court overruled her motion for leave to file a delayed appeal, concluding that she did not provide a valid reason for waiting more than a year after sentencing to appeal.

Holdings

1. A notice of appeal from the final criminal judgment was required to be filed within thirty days of the March 13, 2024 entry.
2. Day failed to establish a valid reason for the more-than-one-year delay, and the court therefore overruled her motion for leave to file a delayed appeal.

Questions Presented

1. Whether Day established a valid reason under Ohio Appellate Rule 5(A) for failing to file a notice of appeal within thirty days of the March 13, 2024 judgment.
2. Whether the appeal should be dismissed as untimely when the defendant's written guilty plea acknowledged her appellate rights and the delay exceeded one year.

Disposition

dismissed