Rule 5.01 - Appeals of Right(A) Definition As used in these rules, an "appeal of right" is one of the following:
(1) An appeal from a decision of a court of appeals in a case in which the death penalty has been affirmed for an offense committed prior to January 1, 1995; (2) An appeal from the decision of a court of appeals under App.R. 26(B) in a capital case; (3) An appeal from a decision of a court of appeals in a case that originated in the court of appeals and that invokes the appellate jurisdiction of the Supreme Court; (4) An appeal from a decision of a court of common pleas in a case in which the death penalty has been imposed for an offense committed on or after January 1, 1995; (5) An appeal from a decision of a court of common pleas in a case contesting an election under R.C. 3515.15;(6) An appeal from a decision of a court of common pleas that denies an application for DNA testing pursuant to R.C. 2953.73 for a person who has been sentenced to death.(B) Instituting a case (1) An appeal of right as designated in S.Ct.Prac.R. 5.01(A)(1), (2), and (4) shall be filed as provided for in S.Ct.Prac.R. 11.01. (2) An appeal of right as designated in S.Ct.Prac.R. 5.01(A)(3), (5), and (6) shall be filed as provided for in S.Ct.Prac.R. 6.01. Ohio. R. Prac. S. Ct. 5.01
Effective Date:6/1/1994; Amended: 4/1/1996; 4/1/2000; 6/1/2000; 7/1/2004;8/1/2004; 1/1/2008; 1/1/2010; 1/1/2013; effective 6/1/2017.