State v. Dickerson, 2019 Ohio 2738

In 2014 Dickerson was indicted on multiple counts for a 1994 sexual assault; he was convicted and sentenced to five years.
On the eve of trial Dickerson filed an untimely motion to dismiss for preindictment delay; trial counsel did not timely file that motion.
This court (Dickerson I) vacated the conviction based on ineffective assistance for failing to timely raise preindictment-delay; the Ohio Supreme Court vacated that judgment and remanded for application of State v. Jones.
On remand this court again reversed the conviction (Dickerson II) for trial counsel’s ineffectiveness and the case returned to the trial court.
After a hearing the trial court found no prejudice from the preindictment delay and the state moved to reinstate the convictions; the trial court denied the state’s motion.
The state appealed the denial; this court dismissed the appeal for lack of a final appealable order, holding the denial did not itself constitute an order granting a new trial under R.C. 2505.02(B)(3).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court’s denial of the state’s motion to reinstate convictions is a final, appealable order	Denial effectively grants the defendant a new trial and is appealable by leave	Denial did not grant a new trial; no express new-trial order or stated basis exists	Dismissed appeal for lack of jurisdiction; denial is not a final appealable order

Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 997 N.E.2d 490 (Ohio 2013) (appellate court jurisdiction limited to final orders)
State v. Anderson, 6 N.E.3d 23 (Ohio 2014) (same principle regarding final orders)
State v. Matthews, 691 N.E.2d 1041 (Ohio 1998) (order granting a new trial is a final appealable order)
Antal v. Olde Worlde Prod., Inc., 459 N.E.2d 223 (Ohio 1984) (trial court must state specific basis when granting a new trial)