Ohio Revised Code
Chapter 2945 | Trial
Section 2945.67 | Appeal by State by Leave of Court.

Effective: July 1, 1996
Latest Legislation: Senate Bill 2 - 121st General Assembly
(A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter of right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case or of the juvenile court in a delinquency case. In addition to any other right to appeal under this section or any other provision of law, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general may appeal, in accordance with section 2953.08 of the Revised Code, a sentence imposed upon a person who is convicted of or pleads guilty to a felony.
(B) In any proceeding brought pursuant to division (A) of this section, the court, in accordance with Chapter 120. of the Revised Code, shall appoint the county public defender, joint county public defender, or other counsel to represent any person who is indigent, is not represented by counsel, and does not waive the person's right to counsel.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2945 | Trial

Section 2945.01 | Trial Definitions.

Section 2945.02 | Setting and Continuing Cases.

Section 2945.03 | Control of Trial.

Section 2945.04 | Orders to Prevent Intimidation of Attorney, Victim or Witness in Criminal Case.

Section 2945.05 | Defendant May Waive Jury Trial.

Section 2945.06 | Procedure for Trial by Court.

Section 2945.08 | Prosecution in Wrong County - Proceeding.

Section 2945.09 | Grounds for Objection.

Section 2945.10 | Order of Proceedings of Trial.

Section 2945.11 | Charge to the Jury as to Law and Fact.

Section 2945.12 | When Accused May Be Tried in His Absence.

Section 2945.13 | Joint Trials in Felony Cases.

Section 2945.14 | Mistake in Charging Offense.

Section 2945.15 | Discharge of Defendant.

Section 2945.16 | View of the Premises - Expenses of View.

Section 2945.17 | Right to Jury Trial.

Section 2945.171 | Written Verdicts.

Section 2945.20 | Separate Trial for Capital Offense.

Section 2945.21 | Peremptory Challenges.

Section 2945.23 | When Peremptory Challenges Required.

Section 2945.24 | Jury Trial.

Section 2945.25 | Challenges for Cause.

Section 2945.26 | Challenge for Cause.

Section 2945.27 | Challenges for Cause to Be Made Before Jury Sworn.

Section 2945.28 | Form of Oath to Jury.

Section 2945.29 | Jurors Becoming Unable to Perform Duties.

Section 2945.30 | Medical Attendance of Juror.

Section 2945.31 | Separation of Jurors.

Section 2945.32 | Oath to Officers if Jury Sequestered.

Section 2945.33 | Supervision of Jury After Case Submitted to Them.

Section 2945.34 | Admonition if Jurors Separate During Trial.

Section 2945.35 | Papers the Jury May Take.

Section 2945.36 | For What Cause Jury May Be Discharged.

Section 2945.37 | Competency to Stand Trial Definitions - Hearing.

Section 2945.371 | Evaluations and Reports of the Defendant's Mental Condition.

Section 2945.38 | Competence to Stand Trial.

Section 2945.39 | Expiration of the Maximum Time for Treatment for Incompetency.

Section 2945.391 | Not Guilty by Reason of Insanity Finding.

Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.

Section 2945.40 | Acquittal by Reason of Insanity.

Section 2945.401 | Incompetency Finding or Insanity Acquittal Continuing Jurisdiction of Court.

Section 2945.402 | Conditional Release.

Section 2945.41 | Rules Applicable in Criminal Cases.

Section 2945.42 | Competency of Witnesses.

Section 2945.43 | Defendant May Testify.

Section 2945.44 | Witnesses Turning State's Evidence.

Section 2945.45 | Subpoenas to Issue to Any County.

Section 2945.451 | Employer May Not Penalize Employee for Being Subpoenaed to Criminal Proceeding.

Section 2945.46 | Attendance of Witness Enforced.

Section 2945.47 | Testimony of Prisoner.

Section 2945.48 | Witness May Be Placed in Jail.

Section 2945.481 | Testimony of Child Victim.

Section 2945.482 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.49 | Testimony of Witness Who Dies or Cannot Be Produced - Videotape of Preliminary Hearing Testimony of Child Victim.

Section 2945.491 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.50 | Application for Deposition in Criminal Cases.

Section 2945.51 | When Imprisoned Defendant May Be Taken to Deposition - Expenses.

Section 2945.52 | Counsel Appointed Shall Represent the Defendant.

Section 2945.53 | Right of Accused to Examine Witness.

Section 2945.54 | Conduct of Examination.

Section 2945.55 | Testimony of Previous Identification.

Section 2945.56 | Rebuttal of Defendant's Character Evidence.

Section 2945.57 | Number of Witnesses to Character.

Section 2945.58 | Alibi.

Section 2945.59 | Proof of Defendant's Motive.

Section 2945.63 | Child Pornography Offered as Evidence; Custody.

Section 2945.64 | Embezzlement Prima-Facie Evidence.

Section 2945.65 | Evidence Obtained as Part of Test to Determine Pregnancy.

Section 2945.67 | Appeal by State by Leave of Court.

Section 2945.71 | Time for Trial.

Section 2945.72 | Extending Time for Hearing or Trial.

Section 2945.73 | Delay in Hearing or Trial.

Section 2945.74 | Defendant May Be Convicted of Lesser Offense.

Section 2945.75 | Degree of Offense - Proof of Prior Convictions.

Section 2945.77 | Polling Jury.

Section 2945.78 | Recording the Verdict.

Section 2945.79 | Causes for New Trial.

Section 2945.80 | Written Motion for New Trial.

Section 2945.81 | Causes to Be Sustained by Affidavits.

Section 2945.82 | New Trial.

Section 2945.83 | When New Trial Shall Not Be Granted.

Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.