Monday, January 14, 2008

The difference between a year and 18 months? Untimeliness.

Only one opinion released by noon today, State v. Rogers. Rogers filed the appeal of his conviction nearly 18 months late, contending "1) he was not informed by the trial court of his right to appeal; 2) his trial counsel failed to bring it to the attention of the trial court; and 3) trial counsel failed to inform him of his appellate rights." Apparently the jailhouse lawyers were a little slow in telling Rogers about appeals. The court held these "reasons might explain a lapse of one year or less in initiating his appeal, [but] do not justify a one and one-half year delay". It is a little hard to see what the difference is between an appeal that is 12 months late and one that is 18 months late.

Click here to openState v. Rogers

2008-Ohio-96






1/14/2008 2008-Ohio-96

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