State ex rel. Silcott v. Spahr

We view the conflict between App. R. 8 and Crim. R. 46, on the one hand, and R.C. 2949.02 and 2953.09, on the other, as a conflict involving procedural matters. Section 5(B), Article IV of the Ohio Constitution1 commits matters of practice and *111procedure in Ohio courts to this court’s rulemaking authority. Accordingly, we hold that App. R. 8 and Crim. R. 46 prevail over the conflicting statutes and grant a peremptory writ of mandamus as demanded by relator.2

There is no constitutional right in this state to bail pending appeal. In re Halsey (1931), 124 Ohio St. 318, 178 N.E. 271; Dapice v.…