State ex rel. Steffen v. Court of Appeals, First Appellate Dist.

{¶ 1} This is an action for a writ of prohibition to prevent court of appeals judges from proceeding in the state’s appeal from the decision of a trial court granting a motion for a new trial in a capital case. Because the court of appeals patently and unambiguously lacks jurisdiction to proceed in the appeal because it was not filed pursuant to R.C. 2945.67(A) and App.R. 5(C), we grant the requested extraordinary relief.

Facts

{¶ 2} In 1982, relator, David J. Steffen, was indicted for aggravated murder with capital specifications, rape, and aggravated burglary. The aggravated-murder charge was…