State ex rel. Bates v. Court of Appeals for the Sixth Appellate Dist.

{¶ 1} This is an action for a writ of prohibition to prevent a court of appeals from proceeding with a delayed appeal from an order denying a pretrial constitutional challenge in a death-penalty case. Because the court of appeals patently and unambiguously lacks jurisdiction to proceed in the appeal when the order does not constitute a final, appealable order, we grant the writ.

Facts

{¶ 2} Relator, Anthony Belton, is charged with one count of aggravated murder with death-penalty specifications and two counts of aggravated robbery with firearm specifications in State v. Belton, Lucas Cty. C.P.…