Legal Opinion
Morgan v. Eads
Ohio Supreme Court
Decided November 22, 2004No. 2004-0141PublishedCited by 121 opinions
1Opinion of the CourtAlice Robie Resnick, J.
{¶ 1} This case is here on certified questions of state law from the United States District Court for the Northern District of Ohio. That court has asked us to answer two questions:
{¶ 2} “1. Is an application to reopen an appeal under Ohio Rule of Appellate Procedure 26(B) part of the direct appeal from a judgment of conviction?
{¶ 3} “2. If so, does the application become part of the direct appeal at the time of its filing or only upon the granting of the application?”
{¶4} We now answer no to the first question. In light of that answer, we consider the second question moot.
{¶ 5} Ohio’s App.R.…
2Cases cited17 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Pennsylvania v. FinleySupreme Court of the United States · 1987
- State v. IshmailOhio Supreme Court · 1978
- State v. MurnahanOhio Supreme Court · 1992
- Frederick White v. James Schotten, WardenCourt of Appeals for the Sixth Circuit · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- State v. Bethel (Slip Opinion)Ohio Supreme Court · 2022
- Fernando Lopez v. Julius Wilson, WardenCourt of Appeals for the Sixth Circuit · 2005
- Dennis McGuire v. Warden, Chillicothe Correctional Inst.Court of Appeals for the Sixth Circuit · 2013
- Tolliver v. SheetsCourt of Appeals for the Sixth Circuit · 2010
- State ex rel. Ohio Civ. Serv. Emps. Assn. v. State (Slip Opinion)Ohio Supreme Court · 2016
116 more not listed; retrieve them via the Exa API.