State ex rel. White v. Richard

Summary

The Supreme Court of Ohio dismissed Gregory White’s appeal from the dismissal of his habeas corpus petition as untimely. The court held that White’s application for reconsideration in the court of appeals was a nullity and did not toll the time for filing an appeal.

Holdings

1. The appeal was untimely because White filed his notice of appeal after the deadline prescribed by the Supreme Court of Ohio's rules; the Supreme Court therefore lacked jurisdiction and dismissed the appeal.
2. An application for reconsideration of a final judgment in an original civil action in the court of appeals is a nullity and does not toll the time for filing a jurisdictional appeal.

Questions Presented

1. Whether the Supreme Court of Ohio had jurisdiction over White's appeal when his notice of appeal from the court of appeals' dismissal was filed after the jurisdictional deadline.
2. Whether White's application for reconsideration in the court of appeals was valid and tolled the time for filing a jurisdictional appeal.

Disposition

dismissed