Ohio Loc. App. R. 16.2

As amended through October 29, 2024

Rule 16.2 - No-Error Appeals

(A) No-error briefs

In a criminal appeal in which counsel has been appointed for the appellant, counsel may file a no-error brief under the procedure identified in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and its progeny, if counsel concludes that the appeal presents no issue of arguable merit prejudicial to the defendant and is wholly frivolous.

(B) Contents of a no-error brief

A no-error brief shall not contain assignments of error and shall contain the following:

(1) A statement that counsel's conscientious examination of the record has led counsel to conclude that the appeal presents no issue of arguable merit prejudicial to the defendant and is wholly frivolous;

(2) A request that the Court independently examine the record to determine if it discloses an issue of arguable merit prejudicial to the defendant;

(3) A reference to any part of the record that might arguably support the appeal; and

(4) A statement of compliance as set forth in subsection (D).

(C) Procedure before filing a no-error brief: appellant's issues

Before filing a no-error brief, counsel shall do all of the following:

(1) Notify the appellant in writing that counsel intends to file a no-error brief, and that the appellant should communicate to counsel in writing any issues that the appellant wants counsel to raise on appeal.

(2) Review the appellant's issues to determine whether the appeal remains wholly frivolous.

(a) If counsel's review of the appellant's issues confirms that the appeal is wholly frivolous and counsel has not yet filed a no-error brief, counsel shall append the issues to the no-error brief.

(b) If counsel's review of the appellant's issues confirms that the appeal is wholly frivolous and counsel has already filed a no-error brief, counsel shall file with the Court a motion for leave to amend the no-error brief to append the issues to the brief.

(c) If counsel's review of the appellant's issues discloses an issue of arguable merit and counsel has not yet filed a no-error brief, counsel shall file a merit brief presenting the issue as an assignment of error consistent with App.R. 12.

(d) If counsel's review of the appellant's issues discloses an issue of arguable merit and counsel has already filed a no-error brief, counsel shall file with the Court a motion for leave to amend the no-error brief to substitute a brief presenting the issue as an assignment of error consistent with App.R. 12.

(D) Filing a no-error brief

When filing a no-error brief, appointed counsel shall do all of the following:

(1)Statement of compliance. Counsel shall state, either in the no-error brief or in an affidavit, that counsel has done all of the following:

(a) Conscientiously examined the record;

(b) Concluded that the record discloses no issue of arguable merit, and that the appeal is wholly frivolous;

(c) Communicated this conclusion to the appellant; and

(d) Asked the appellant to communicate to counsel in writing any issue that the appellant wants counsel to raise on appeal. If counsel has not received a response from appellant, counsel must detail the efforts made to reach appellant.

(2)Motion to withdraw. Counsel shall file a motion to withdraw as counsel and shall indicate in the motion that counsel remains appointed to assist the appellant in the prosecution of the appeal unless and until the motion is granted.

(3)Service. Counsel shall serve on the appellant, and shall serve as otherwise required by App.R. 13, copies of the no-error brief, counsel's affidavit, if any, and counsel's motion to withdraw.

(E) Determination of a no-error appeal

The Court will strike any document styled as an appellate brief or raising an assignment of error when the document is filed by an appellant who is represented by counsel. The Court will not treat as an assignment of error or decide any issue appended to a no-error brief.

Ohio. Loc. App. R. 16.2

Amended eff. 1/1/2022; amended eff. 2/1/2024.