State v. Oglesby

Summary

The Ohio Fifth District Court of Appeals dismissed Joseph J. Oglesby's criminal appeal as moot after counsel suggested his death and no party moved for substitution within a reasonable time. The court applied App.R. 29(A) and relied on Ohio Supreme Court and Fifth District precedent concerning substitution following an appellant's death.

Holdings

1. When a criminal appellant dies during a pending appeal and no motion to substitute a personal representative or other proper party is filed within a reasonable time, the appellate court may dismiss the appeal as moot.
2. For purposes of this appeal, a reasonable time to file a substitution motion was sixty days after the suggestion of death.

Questions Presented

1. Whether the appeal should be dismissed as moot when the appellant died during the pendency of the appeal and no motion for substitution was filed within a reasonable time.
2. What constitutes a reasonable time for filing a motion to substitute a party under App.R. 29(A) in this district.

Disposition

dismissed