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. Daniels

Court of Appeals of Ohio, Eleventh District, Trumbull

December 23, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
RYAN DANIELS, SR., Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2019 CR 00199.

          Dennis Watkins, Trumbull County Prosecutor, and Ashleigh Musick, Assistant Prosecutor, Administration Building, Fourth Floor, (For Plaintiff-Appellee).

          Antonio S. Nicholson, The Bradley Building, (For Defendant-Appellant).

          MEMORANDUM OPINION

          THOMAS R. WRIGHT, J.

         {¶1} 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. We dismiss.

         {¶2} 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.

         {¶3} 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.

         {¶4} R.C. 2505.02(B) defines the types of orders that constitute final appealable orders:

         {¶5} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;

         {¶6} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;

         {¶7} "(3) An order that vacates or sets aside a judgment or grants a new trial;

         {¶8} "(4) An order that grants or denies a provisional remedy and to which both of the following apply:

         {¶9} "(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.

         {¶10} "(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, ...


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.