State v. Jenkins, 2019 Ohio 2737

Michael J. Jenkins was indicted in 2014 for crimes arising from a 1994 sexual assault; he was convicted and sentenced to eight years.
Jenkins’s conviction was reversed on appeal for ineffective assistance of counsel for failing to timely move to dismiss based on preindictment delay.
On remand, the trial court held a hearing on prejudice from the preindictment delay and found Jenkins did not suffer prejudice.
The state moved to reinstate Jenkins’s convictions; the trial court denied that motion on July 6, 2018.
The state sought leave to appeal the denial; this appeal followed. The state argued the denial effectively granted Jenkins a new trial and thus was a final appealable order.
The appellate court dismissed the appeal for lack of a final, appealable order because the trial court did not expressly grant a new trial or state the basis for one.

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 functionally grants a new trial and is appealable by leave as a final order	No final order exists because the trial court did not expressly grant a new trial or state reasons; denial alone is not final	Dismissed for lack of a final, appealable order — denial is not an order granting or stating basis for a new trial

Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 137 Ohio St.3d 23 (explains appellate courts may review only final orders)
State v. Anderson, 138 Ohio St.3d 264 (discusses final-order requirement in criminal appeals)
State v. Jones, 148 Ohio St.3d 167 (preindictment delay precedent referenced for remand procedures)
State v. Matthews, 81 Ohio St.3d 375 (holding that an order granting a new trial is a final, appealable order)
Antal v. Olde Worlde Prod., Inc., 9 Ohio St.3d 144 (requires specific stated basis for granting a new trial to permit appellate review)