Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Grenter

Court of Appeals of Ohio, Eleventh District

July 22, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
ARTHUR A. GRENTER, Defendant-Appellant.

Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 2007 CR 433.

Thomas L Sartini, Ashtabula County Prosecutor, Ashtabula County Courthouse, (For Plaintiff-Appellee).

Arthur A. Grenter, pro se, (Defendant-Appellant).

MEMORANDUM OPINION

TIMOTHY P. CANNON, P.J.

{¶1} On February 15, 2013, appellant, Arthur A. Grenter, filed a pro se motion for leave to file a delayed appeal pursuant to App.R. 5(A). Along with his motion, appellant filed a notice of appeal from a September 24, 2012 judgment of the Ashtabula County Court of Common Pleas, overruling his motions to unseal his pre-sentence investigation, for findings of fact and conclusions of law, and to vacate "multiple void judgments."

{¶2} Appellee, the state of Ohio, filed a response in opposition on February 22, 2013.

{¶3} App.R. 4(A) states, in part, that "[a] party shall file the notice of appeal required by App.R. 3 within thirty days of the later of entry of the judgment or order appealed * * *."

{¶4} In this case, Mr. Grenter's notice of appeal was due by October 24, 2012. However, it was not filed until February 15, 2013. Thus, it is untimely by nearly four months.

{¶5} App.R. 5(A) states, in part:

{¶6} (1) After the expiration of the thirty day period provided by App.R. 4(A) for the filing of a notice of appeal as of right, an appeal may be taken by a defendant with leave of the court to which the appeal is taken in the following classes of cases:

{¶7} (a) Criminal proceedings;

{¶8} * * *

{¶9} (2) A motion for leave to appeal shall be filed with the court of appeals and shall set forth the reasons for the failure of the appellant to perfect an appeal as of right. Concurrently with the filing of the motion, the movant shall file with the clerk of the trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of the notice of the appeal in the court of appeals. *

{¶10} In his motion, appellant asserts that his appeal is untimely because, "[d]uring the time period of the months of July to December 2012 and beyond, " he suffered from physical and mental health issues, was deprived of medication, and was under suicide watch, all of which hindered his pursuit of "meaningfully continuing" his case in a timely manner. However, we note that during those six months, appellant was capable of filing two other appeals with this court (11th Dist. No. 2012-A-0046, 2012-Ohio-5596, filed September 14, 2012; and 11th Dist No. 2012-A-0050, 2012-Ohio-6128, filed October 26, 2012); two appeals with the Ohio Supreme Court (133 Ohio St.3d 1489, 2012-Ohio-5459, filed August 17, 2012; and 134 Ohio St.3d 1418, 2013-Ohio-158, filed September 13, 2012); and numerous motions with the Ashtabula County Court of Common Pleas in the underlying case, three of which are now the subject of this motion for delayed appeal (filed August 23, 2012, and September 14, 2012). Although we would not ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.