Legal Question in Criminal Law in Ohio

The Ohio Appellate Rules, particularly App.R. 26(A), state that an application for reconsideration must be filed within 10 days after the judgment or order is journalized, unless extraordinary circumstances justify an extension. If the motion is filed within this period, the 45-day deadline for filing a notice of appeal to the Ohio Supreme Court (pursuant to S.Ct.Prac.R. 7.01(A)) is paused until the appellate court rules on the reconsideration motion. Once the court issues its decision on the motion, the 45-day clock resumes from that point.

"[W]here a motion for reconsideration is filed, there is no final 'disposition' of the case until the court of appeals rules on a timely-filed motion for reconsideration. Our rules explicitly provide a right to file for reconsideration, see App.R. 26(A)(1), and an application for reconsideration tolls the time for filing a jurisdictional appeal to this court, S.Ct.Prac.R. 7.01(A)(5). Thus, a case has not been 'disposed' of until the court of appeals rules on the reconsideration application. Jezerinac v. Dioun (2022), 168 Ohio St.3d 286 at 288.