Ohio Supreme Court, 1976

State v. Hatfield

Ohio Supreme Court · Decided November 24, 1976 · Brown, Celebrezze, Corrigan, Herbert, Neill, Steen

48 Ohio St. 2d 118; 357 N.E.2d 379; 2 Ohio Op. 3d 273; 1976 Ohio LEXIS 718

Cases that cite this one

4 later published cases cite this decision.

State v. Weaver (Ohio Ct. App. 1997)
State v. Medley (Ohio Ct. App. 1991)
State v. Fisher (Ohio 1988)
State v. McCuller (Ohio Ct. App. 2025)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Gwiam.

In State v. Hughes (1975), 41 Ohio St. 2d 208, 324 N. E. 2d 731, this court held that App. R. 4(B) is invalid insofar as it “enlarges the statutory right of. appeal provided by R. C. 2945.67 through 2945.70, and abridges the right of appellate courts to exercise their discretion in allowing appeals * * In State v. Wallace (1975), 43 Ohio St. 2d 1, 330 N. E. 2d 697, the court held that “[a] motion for leave to appeal by the state in a criminal case shall be governed by the procedural requirements of App. R. 5 and the time requirements of App. R. 4(B).”

The record in this ease discloses that the only procedural steps taken by the prosecution to perfect its appeal were the filing of a notice of appeal and of a certification under Crim. R. 12(J). Under this court’s holdings in Hughes and Wallace, this procedure was insufficient to invoke the jurisdiction of the Court of Appeals, and that court’s judgment must accordingly be reversed.

Judgment reversed.

0’Neill, C. J., Corrigan, SteeN, W. Brown and P. BrowN, JJ., concur. Herbert and Celebrezze, JJ., dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.