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STATE SUPREME COURT IF THEY DENY AN APPEAL.

Cincinnati, OH |

If the state Supreme Court denies to hear an appeal and it's beyond 90 days of the final judgement to appeal to the US Supreme Court on a criminal conviction, what other options to possibly have a new trial ?

Attorney Answers 3

Posted

There are many facts missing from your question, but as a general rule, you can appeal an adverse decision from the Ohio Supreme Court to the United States Supreme Court if there is an issue concerning the U.S. Constitution or a federal statute.

Filing a motion for a new trial long after the verdict would usually require the recent discovery of new evidence.

No matter which road you pursue, finding an experienced appellate attorney as soon as possible should be your first step.

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2009 ENTRY FROM THE SUPREME COURT OF OHIO DENYING LEAVE TO APPEAL & DISMISSING APPEAL Is it to late to file for the Habeas Corpus Petition?

Posted

I'm pretty sure I addressed this question in another form elsewhere, but basically, if you have already run your direct appeals out, the next stage would be seeking a writ of habeas corpus. You can do this by bringing a 2254 action in federal court for any issues you raised in the appeal and were addressed on their merit which affect a federal constitutional right or you may (depending on time and some other factors) be able to go through the state habeas process first and then possibly still get to a 2254 if that does not work out.

The key, and I mentioned this elsewhere, is that you have to get with an experienced post-conviction attorney pronto. Post-conviction actions are civil in nature usually and that means they deal with very strict time deadlines which will leave the defendant totally out of luck if they are missed.

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2009 ENTRY FROM THE SUPREME COURT OF OHIO DENYING LEAVE TO APPEAL & DISMISSING APPEAL Is it to late to file for the Habeas Corpus Petition?

Mark Allen Yurachek

Mark Allen Yurachek

Posted

You are out of time, with a couple notable exceptions, to seek relief under 2254, but I do not believe Ohio has a limitations period for filing a state habeas, so you are probably good for going that route.

Asker

Posted

They have one year, I am thinking I can file in Federal Court showing constitutional rights were violated since that is out of time also I can file Equitable Tolling to explain why I failed to file on time....

Mark Allen Yurachek

Mark Allen Yurachek

Posted

Equitable tolling is a tough road to plow, yet if it's the only thing you have, I understand the desire to argue it. Still, you might have a double problem in that, if you did not raise the issue at the state level, you still have to raise it and exhaust it at the state level before a federal court will look at it, unless it's an actual innocence claim and I'm guessing you would have said if that is what you are claiming. Honestly, I would need to know more about the specific issue(s) you are trying to raise and why they did not come up sooner to know whether or not you have any workable options. By no means is it impossible that you have something, but it's also not like you have a world of possibilities, just based on the timing.

Posted

You should consult with an appellate attorney in Ohio to see what else, if anything, can be done.

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