Effective: April 7, 2009
Latest Legislation: House Bill 130 - 127th General Assembly
When a defendant has been committed to a state correctional institution and the judgment by virtue of which the commitment was made is reversed on appeal, and the defendant is entitled to discharge or a new trial, or when the case is remanded to the trial court for any reason, the clerk of the court reversing the judgment or remanding the case, under the seal of the court, shall forthwith certify the reversal or remand to the warden of the state correctional institution.
The warden, on receipt of the certificate, if a discharge of the defendant is ordered, shall forthwith discharge the defendant from the state correctional institution.
If a new trial is ordered or the case is remanded, the warden shall forthwith cause the defendant to be conveyed to the jail of the county in which the defendant was convicted, and committed to the custody of the sheriff of that county.
Structure Ohio Revised Code
Chapter 2953 | Appeals; Other Postconviction Remedies
Section 2953.01 | Appeals and Post-Conviction Remedies Definitions.
Section 2953.02 | Review of Judgments on Appeal.
Section 2953.03 | Motion for New Trial - Notice of Appeal Filed.
Section 2953.07 | Powers of Appellate Court.
Section 2953.08 | Appeal as a Matter of Right - Grounds.
Section 2953.09 | Execution of the Sentence or Judgment Suspended.
Section 2953.10 | Power and Authority to Suspend Execution of Sentence.
Section 2953.11 | Custody of Defendant Under Suspended Sentence Pending Appeal.
Section 2953.13 | Reversal of Conviction.
Section 2953.14 | State May Institute Appeal.
Section 2953.21 | Post Conviction Relief Petition.
Section 2953.22 | Post Conviction Relief Hearing.
Section 2953.23 | Post Conviction Relief Petition - Time for Filing.
Section 2953.31 | Sealing of Record of Conviction Definitions.
Section 2953.32 | Sealing of Conviction Record or Bail Forfeiture Record.
Section 2953.34 | Sealing Record Not to Affect Appeal Rights of Eligible Offender.
Section 2953.37 | Expungement of Certain Convictions Relating to Firearms.
Section 2953.38 | Expungement of Certain Crimes for Victims of Human Trafficking.
Section 2953.521 | Application for Order to Expunge Records.
Section 2953.57 | Timing of Judgment Vacating and Setting Aside Conviction Because of DNA Testing.
Section 2953.58 | Orders to Seal Official Records.
Section 2953.61 | Multiple Charges; Sealing of Records.
Section 2953.71 | Post Conviction DNA Testing Definitions.
Section 2953.72 | Application for Testing.
Section 2953.73 | Form and Service of Application.
Section 2953.74 | Effect of Prior Tests.
Section 2953.75 | Prosecutor to Use Reasonable Diligence to Obtain Biological Material for Test.
Section 2953.76 | Prosecutor to Consult With Testing Authority.
Section 2953.77 | Chain of Custody.
Section 2953.78 | Selection of Testing Authority.
Section 2953.79 | Obtaining Sample From Applicant.
Section 2953.80 | Criteria for Testing Authority.
Section 2953.81 | Test Results.
Section 2953.83 | Rules of Criminal Procedure Applicable.
Section 2953.84 | Statutory Post-Conviction DNA Testing Not Exclusive.