Opinion · Ohio Supreme Court

State v. McMillan

71 Ohio St. 3d 1452

Type
Opinion
Court
Ohio Supreme Court
Jurisdiction
Ohio
Date
1995-01-26
Topic
bankruptcy

Appellant has filed an untimely notice of appeal of the court of appeals’ decision denying his application for reopening under App.R. 26(B) and a motion for delayed appeal. This appeal involves a civil, post-conviction matter and not an appeal of a felony case to which the provisions for delayed appeal in S.Ct.Prac.R. II(2)(A)(4) apply. Therefore, IT IS ORDERED by the court, sua sponte, that the motion for delayed appeal be, and hereby is, stricken, effective January 24, 1995. IT IS FURTHER ORDERED by the court, sua sponte, that, in that appellant failed to perfect an appeal pursuant to S.Ct.Prac.R.

Citator

UpLaw has not yet analyzed State v. McMillan. The absence of a flag is not a finding that it is good law.

Appellant has filed an untimely notice of appeal of the court of appeals’ decision denying his application for reopening under App.R. 26(B) and a motion for delayed appeal. This appeal involves a civil, post-conviction matter and not an appeal of a felony case to which the provisions for delayed appeal in S.Ct.Prac.R. II(2)(A)(4) apply. Therefore,

IT IS ORDERED by the court, sua sponte, that the motion for delayed appeal be, and hereby is, stricken, effective January 24, 1995.

IT IS FURTHER ORDERED by the court, sua sponte, that, in that appellant failed to perfect an appeal pursuant to S.Ct.Prac.R. II(2)(A)(1), this case be, and hereby is, dismissed for lack of jurisdiction.