Rule 11.01 - Institution of Death-Penalty Appeal of Right(A) Perfection of an appeal from the court of appeals (1) To perfect an appeal of right pursuant to S.Ct.Prac.R. 5.01(A)(1) from a court of appeals for a case in which the death penalty has been imposed for an offense committed prior to January 1, 1995, the appellant shall file a notice of appeal, accompanied by the court of appeals' opinion and judgment entry, in the Supreme Court within forty-five days from the journalization of the entry of the judgment being appealed.(2) To perfect an appeal of right pursuant to S.Ct.Prac.R. 5.01(A)(2) from a court of appeals' decision under App.R. 26(B) in a capital case, the appellant shall file a notice of appeal, accompanied by the court of appeals' opinion and judgment entry, in the Supreme Court within forty-five days from the journalization of the entry of the judgment being appealed.(B) Perfection of an appeal from the court of common pleas (1) To perfect an appeal of right pursuant to S.Ct.Prac.R. 5.01(A)(4) for a case in which the death penalty has been imposed for an offense committed on or after January 1, 1995, the appellant shall file a notice of appeal, accompanied by the court of common pleas' judgment entry, in the Supreme Court within forty-five days from the journalization of the entry of the judgment being appealed or the filing of the trial court opinion pursuant to R.C. 2929.03(F), whichever is later.(2) If the appellant timely files in the trial court a motion for a new trial, or for arrest of judgment, the time for filing a notice of appeal begins to run after the order denying the motion is entered. However, a motion for a new trial on the ground of newly discovered evidence extends the time for filing the notice of appeal only if the motion is made before the expiration of the time for filing a motion for a new trial on grounds other than newly discovered evidence.(3) When the time has expired for filing a notice of appeal in the Supreme Court, the appellant may seek to file a delayed appeal by filing a motion for delayed appeal and a notice of appeal. The motion shall state the date of the journalization of the entry of the judgment being appealed, the date of the filing of the trial court opinion pursuant to R.C. 2929.03(F), and adequate reasons for the delay. Facts supporting the motion shall be set forth in an affidavit. (C) Copy of the praecipe to court reporter A notice of appeal filed pursuant to S.Ct.Prac.R. 11.01(B)(1) shall be accompanied by a copy of the praecipe that was served by the appellant on the court reporter pursuant to S.Ct.Prac.R. 11.03(C) (2). The appellant shall certify on this copy the date the praecipe was served on the reporter.
(D) Notice to lower court The Clerk of the Supreme Court shall send a date-stamped copy of the notice of appeal to the clerk of the court of common pleas or of the court of appeals whose judgment is being appealed.
(E) Jurisdiction of common pleas court and court of appeals after appeal to Supreme Court is perfected After a death-penalty appeal of right is perfected from a court of common pleas or court of appeals to the Supreme Court, the court of common pleas or court of appeals is divested of jurisdiction, except to take action in aid of the appeal, to grant a stay of execution if the Supreme Court has not set an execution date, or to appoint counsel.
Ohio. R. Prac. S. Ct. 11.01
Amended: 4/1/1996; 6/1/1998; 6/1/2000; 7/1/2004; 10/1/2005; 1/1/2008; 1/1/2010; 1/1/2013; 1/1/2015.