Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas, Case No. 2019 CR 00199.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick,
Assistant Prosecutor, Administration Building, Fourth Floor,
Antonio S. Nicholson, The Bradley Building, (For
R. WRIGHT, J.
Appellant, Ryan Daniels, Sr., appeals the trial court's
November 7, 2019 order overruling retained counsel's
motion to withdraw and Daniels' motion to continue the
jury trial and permitting new counsel to enter an appearance.
On November 5, 2019, Daniels' retained counsel moved to
withdraw and to continue the jury trial scheduled to commence
November 12, 2019. On this same date, Daniels' new
counsel moved to enter an appearance. Emphasizing the late
timing of the motions and the delay on trial, the court
overruled counsel's motion to withdraw and continue but
permitted Daniels' new counsel to enter an appearance.
Appellee, the state of Ohio moves to dismiss the appeal for
lack of final appealable order. A court of appeals has
jurisdiction to hear a criminal appeal from a "judgment
or final order." R.C. 2953.02.
R.C. 2505.02(B) defines the types of orders that constitute
final appealable orders:
"(1) An order that affects a substantial right in an
action that in effect determines the action and prevents a
"(2) An order that affects a substantial right made in a
special proceeding or upon a summary application in an action
"(3) An order that vacates or sets aside a judgment or
grants a new trial;
"(4) An order that grants or denies a provisional remedy
and to which both of the following apply:
"(a) The order in effect determines the action with
respect to the provisional remedy and prevents a judgment in
the action in favor of the appealing party with respect to
the provisional remedy.
"(b) The appealing party would not be afforded a
meaningful or effective remedy by an appeal following final
judgment as to all proceedings, ...