Legal Question in Criminal Law in Ohio

Appeal deadline missed by court appointed atty

My son was convicted of raping a ''freind's'' sister. This was a high school crush between a freshman and senior (less than 4 yr age difference) and there was no physical evidence presented. A guilty verdict was shocking. My son was court appointed an atty for the appeal (I paid for defense atty for the trial). She missed the filing deadline by one day for the appeal. She filed a motion to have that decision reversed, but it was denied. Apparently, my son was supposed to file a paper of indigency, even though that was stated in the trial when they appointed the atty in the first place. My son was transferred between four facilities within 6 months and did not get any notices. The notices I got from the appeal archive were not addressed to my son, but his atty. His attorney could not be reached by phone. The trial was held during 06/04. I do not know where to turn and can not afford another attorney. Does my son still have a chance at appeal and how do I begin that process, even if I have to do my own research. Thanks for any help in advance.


Asked on 6/15/05, 7:52 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Appeal deadline missed by court appointed atty

HE SHOULD FILE HIS INDINGENCY AFFIDAVIT AGAIN WITH THE COURT AND A NEW MOTION TO REINSTATE HIS APPEAL. HE SHOULD DO THIS AND THEY SHOULD RESPOND. HE SHOULD ALSO EXPLAIN IN THAT PAPER WORK THAT HE DID NOTHING WRONG, AND HE SHOULD OFFER AN EXPLANATION AS TO WHY THE AFFIDAVIT WASN'T FILED EARLIER.

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Answered on 6/15/05, 8:07 am


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