State ex rel. Smith v. Adult Parole Authority

We affirm the decision of the court of appeals. Even though appellant did not file a copy of his notice of appeal in this court within thirty days of filing it with the court of appeals as required by Section 1(B), Rule I of the Rules of Practice of the Supreme Court of Ohio, we exercise our discretion and decline to dismiss the appeal under Section 1, Rule II. This section states that for a violation of Section 1(B), Rule I, “the Supreme Court may refuse to accept such copy for filing or may dismiss the appeal, on its own motion or on motion of a party, for lack of prosecution.” (Emphasis…