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OHIO  APPELLATE  LAW

The outcome of a trial is not necessarily the end-all for your case. In many situations, it may be beneficial for you to discuss an appeal with your lawyer if you suspect that you have grounds to do so.

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The Ohio Legal Group has more than forty (40) years experience in successfully defending individuals accused of criminal offenses. 

 

We maintain a catalogue of lessons learned and we continue to innovate strategies to ensure our clients receive the best advice and solutions for their problems.

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The Difference Between a Trial & an Appeal

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  • During a trial, the parties involved typically present their cases before a judge and jury, although in some instances, such as a bench trial, there is no jury. During this presentation, parties will bring in witnesses, produce evidence, and attempt to convince the court that their interpretation of the facts and the law is correct.

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  • During an appeal, there is no jury and lawyers don’t bring out all the evidence and witnesses again. Instead, the court will review the application of the law in a given case. There may be multiple judges involved to hear the appeal.

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What Are the Grounds for an Appeal?

 

Unfortunately, you cannot simply ask for a second chance to retry your case. However, there are a few reasons that a court might be persuaded to set aside your conviction.

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  • Unreasonable verdict: This challenge focuses on the evidence’s weakness and claims that it was too weak to have led to the jury finding you guilty.

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  • Error of law: An example of an error of law would be that there was a wrongful admission of evidence, a misdirection given to the jury, or something along those lines.

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  • Miscarriage of justice: This means that an error was made or that an unjust situation occurred during the trial, such as an unreasonably biased jury member.

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The assignments of error can vary, but are often seen as manifest weight, insufficiency of the evidence, abuse of discretion, unconstitutionality, or ineffective assistance of counsel. 

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Ultimately, you will need to talk to an experienced attorney to discuss your options and find out if you are eligible to file for an appeal.

 

It’s important to get started on this process quickly, as strict rules and timelines exist for filing these correctly.

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