State v. Cole, 70 Ohio St. 3d 1420

Hamilton County, No. C-920873. Appellant has filed an untimely appeal of the court of appeals decision denying his application for reopening under App.R. 26(B) and a motion for delayed appeal. This appeal involves a civil, post-conviction matter and not an appeal of a felony case to which the provisions for delayed appeal in S.Ct.Prac.R. II(2)(A)(4) apply. Accordingly,

IT IS ORDERED by the court, sua sponte, that the motion for delayed appeal be, and hereby is, stricken.

IT IS FURTHER ORDERED by the court, sua sponte, that, in that appellant failed to perfect an appeal pursuant to S.Ct.Prac.R. II(2)(A)(1), this ease be, and hereby is, dismissed for lack of jurisdiction.

Case Details

Case Name: State v. Cole

Court Name: Ohio Supreme Court

Date Published: Aug 17, 1994

Citations: 70 Ohio St. 3d 1420; 637 N.E.2d 928; 1994 Ohio LEXIS 1859; 94-1639

Docket Number: 94-1639

Court Abbreviation: Ohio