Public-domain · open source
OpenJurist

48 Ohio St. 2d 118

State v. Hatfield

Ohio Supreme Court

Decided November 24, 1976

Ohio Supreme Court · decided 1976-11-24

Relies on State v. Wallace · State v. Hughes

Good law ✅— No negative treatment on recordhow we know

Decided 1976-11-24

How this case has been cited

Cited by 7 later decisions — most recently March 2025

7 state decisions

40197619801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Gwiam.

¶1In State v. Hughes (1975), 41 Ohio St. 2d 208, 324 N. E. 2d 731, this court held that App. R. 4(B) is invalid insofar as it “enlarges the statutory right of. appeal provided by R. C. 2945.67 through 2945.70, and abridges the right of appellate courts to exercise their discretion in allowing appeals In State v. Wallace (1975), 43 Ohio St. 2d 1, 330 N. E. 2d 697, the court held that “[a] motion for leave to appeal by the state in a criminal case shall be governed by the procedural requirements of App. R. 5 and the time requirements of App. R. 4(B).”

¶2The record in this ease discloses that the only procedural steps taken by the prosecution to perfect its appeal were the filing of a notice of appeal and of a certification under Crim. R. 12(J). Under this court’s holdings in Hughesand Wallace, this procedure was insufficient to invoke the jurisdiction of the Court of Appeals, and that court’s judgment must accordingly be reversed.

¶3Judgment reversed.

0’Neill, C. J., Corrigan, SteeN, W. Brown and P. BrowN, JJ., concur.Herbert and Celebrezze, JJ., dissent.
/48/ohiost2d/118 · .json · Public domain