State v. Wallace

In State v. Hughes (1975), 41 Ohio St. 2d 208, this court held that App. R. 4(B) did not grant the state an appeal as of right in criminal cases. The holding was grounded upon our conclusion that the state’s right of appeal was substantive, could originate only in a legislative grant, and that the grant apparent in R. C. 2945.67 through 2945.70 was dependent upon an application for leave to appeal being allowed by the appellate court.

The failure of the state, in Hughes and in the present case, to comport the procedures of the new appellate rules with the requisite statutory language is…