State v. Smith

Summary

The Eleventh District Court of Appeals dismissed Michael A. Smith’s motion for leave to file a delayed criminal appeal. The court found the motion procedurally defective because it did not explain the untimeliness, was not accompanied by a notice of appeal filed in the trial court, and lacked the appealed judgment entry.

Holdings

1. A defendant seeking leave to file a delayed criminal appeal must state the reasons for failing to perfect a timely appeal and must concurrently file a notice of appeal with the trial-court clerk and a copy of that notice with the court of appeals.
2. The motion was properly overruled and the matter dismissed because it did not comply with the procedural requirements governing delayed appeals.

Questions Presented

1. Whether Smith's motion for leave to file a delayed criminal appeal complied with Ohio Appellate Rule 5(A).
2. Whether the court should dismiss a delayed-appeal motion that lacks reasons for the delay, lacks a concurrently filed trial-court notice of appeal, and does not include the appealed judgment entry.

Disposition

dismissed