Donald Michael Gallick Akron Criminal Defense Attorney
Posted about 14 years ago.
If you believe that it is possible to properly research, draft a brief, and litigate a case in the Ohio Supreme Court in two hours or less, you have every right to file your own appeal. Personally, I would be ashamed if I spent a mere two hours on any type of appeal. These cases decide extremely important issues in people's lives, and also shape the law that affects citizens throughout the state. Every appeal I have handled required much more attention than two hours of work, but if you believe I don't know what I'm talking about, you are entitled to disagree with me.
Donald Michael Gallick Akron Criminal Defense Attorney
Posted about 14 years ago.
Also, in the OSC case you cited, the Supreme Court has not yet accepted the case, you are mistaken; however, it appears the the county prosecutor has failed to file a brief in opposition to the motion to stay sentencing. It is rare that a prosecutor fails to comply with a Supreme Court's direction to file a brief in opposition.
Scott Allen Scholl Little Rock Criminal Defense Attorney
Posted about 14 years ago.
One difficulty appears that you do not fully under the appellate system.
With some exceptions, whether or not to accept is a case is within the sole discretion of the Supreme Court.
The Court has limited resources, and cannot hear every case that every litigant wants heard and so it must chose what cases it is willing to hear.
When deciding whether or not to review a case, the question is not whether a domestic relations case is more important that a DUI case.
Instead, it is usually based on whether the case presents an issue that needs further development or clarification of the law.
An attorney could spend well over 20 hours, and incur out of pocket expenses, preparing the appeal believing that the case involves significant issues only to have the Court determine that other cases have been filed which it would rather spend its limited resources on.
Also, you do not get to just write a short brief to see if the Court will accept the case. You have to do ALL of the work or the Court likely won't hear it because you have not developed your case.
Even if it did hear it, you just shot yourself in the foot because you only gave the Court a little bit of your case to see if they would take it instead of presenting your argument fully.
Asker
Posted about 14 years ago.
A brief of over 13 pages written to the Appeal court can probably be sent to Supreme Court.
Based on the information I read on the State of Ohio Supreme Court, it is appeared to me that both Appeal and Supreme Court Memorandum and Brief are the same requirements.
If someone already wrote and developped the full case into the appeal case, perhaps he can still use the same brief as Memorandum to send to the Supreme Court. Correct? Or why not?
anonymous
Posted about 14 years ago.
There are no guarantees that the Supreme Court will uphold the guarantees of the U.S. Constitution, though it's their duty to uphold them. The USA uses Talmudic law, instead of the U.S. Constitution, which is why Americans are victimized by the legal system. It's designed to extort money.
Asker
Posted about 14 years ago.
Comon! Why 20 hours +?
I do not think a lawyer should even spend 2 hours to write a brief which is the only paper that matter in urging and convincing the Supreme Court to ACCEPT the case.
ACCEPTING the case by writing a simple brief.
State of Ohio v Mayryann, a Pro Se..Appealed and Accepted to Supreme Court Ohio this month, a case relating DUI was on the front website page in the Supreme court. Though it was denied, but it was ACCEPTED, and the CLIENT WAS PRO SE. http://www.supremecourt.ohio.gov/Clerk/ecms/resultsbycasenumber.asp?type=3&year=2012&number=0484&myPage=searchbycasenumber%2Easp
If a Pro Se could make it to Supreme Court, why not a LAWYER confidently told me IT WILL BE ACCEPTED IF I TAKE THE CASE?
That's all I want from a lawyer. If a Pro Se could have his or her case appeal accept in the Supreme Court, why not you when you are a laywer and yout are not sure??
I don't get it. A DUI case is not more important then a case involving a Father who cannot see his Children because of a court false Domestic Abuse.
Explain me lawyers, because I am looing nothing but confident and positive answers. Not doubt, Not I am not sure, ect...
If that Pro Se case could accept to Supreme Court, therefore, my case should be accepted, esecially with a lawyer who claims to know the rules.
This case only last 2 or 3 days in the Supreme Court from Appeal, Accept and denied. Why can't a lawyer with a greater MORE IMPORTANT case?