Appeals

           When the trial is over and a conviction has occurred, it is easy to give up.  That is when you need an experienced appellate attorney who will fight for you in the Court of Appeals.  Mr. Cline has maintained an active appeals practice for over 20 years.  He has the knowledge, training and experience to help you appeal your case. 

          There are strict deadlines for when a notice of appeal must be filed, the documents that must be filed with the notice of appeal, and the manner in which the appeal must be prosecuted.  Failure to act within the time limits could mean an appeal that is denied on a procedural error, not on the merits of the case.  In Ohio, appeals from a conviction in State Court must be filed within 30 days of the date the judgment entry of sentence is filed with the Clerk of Courts.  In Federal Court, the notice of appeal must be filed within 10 days.  Because the time limit is so short, it is important that you contact an attorney to prepare and file your appeal immediately after the guilty verdict is returned or sentence is imposed.

Reported Cases

          Decisions from the Courts of Appeals are either reported or unreported.  A reported decision is a decision on the merits which adds to the understanding of the law, and so they are important to the legal community at large. Unreported decisions are important to the individual litigants, but are usually decided based on settled legal principles. 

          Every case is unique.  The facts of one case are never the same as the facts in another case, so you should not rely on the results of another person's case to necessarily predict the result that will occur in your case.  However, reading about cases an attorney has argued before the Court of Appeals will give you some indication of whether that attorney is skilled at identifying and arguing legal positions like the ones at issue in your case.  Mr. Cline has argued dozens of cases in the Courts of Appeals throughout Ohio, and in the Federal Courts of Appeal.  Some of his more notable cases are listed below.  All of these cases are reported cases.

State v. Cooper,

2007-Ohio-1186 (2007)

(Faulty Jury Instructions)

Trial court failed to properly instruct the jury on self-defense.  Defendant was convicted of murder.  On appeal, Mr. Cline argued that the faulty jury instructions deprived defendant of a fair trial.  Court of Appeals reversed the murder conviction and remanded for a new trial.  (Click here to read entire case in PDF format)

State v. Eash,

110 Ohio St. 3d 1235 (2006)

2006-Ohio-3668

(Search Warrant Issue)

Trial Court denied motion to suppress evidence, but Court of Appeals reversed and remanded the matter to the trial court with instructions to grant the motion.  Ohio Supreme Court granted the State's request for discretionary review.  After briefing and oral argument, however, the Court dismissed the appeal by the State of Ohio and upheld the Court of Appeals judgment in the defendant's favor.  Mr. Cline argued the case in the Ohio Supreme Court.  (Click here to read Justice O'Connor's dissent, in PDF format)

Butler Cty. Bar Assoc. v. Turner,

89 Ohio St. 3d 199 (2000)

2000-Ohio-125

(Professional License Defense)

Attorney charged with professional misconduct admitted the violations but defended on grounds of physical and psychological problems, including sleep apnea. Mr. Cline was co-counsel with William Mann, Esquire, representing the attorney who maintained his license to practice law. (Click here to read entire case in PDF format)

United States v. Bentley,

29 F.3d 1073 (6th Cir. 1994)

(Armed Career Criminal Issue)

Mr. Cline represented a Defendant charged with felon in possession of a firearm who successfully challenged designation as armed career criminal under federal law.  Sentence of 190 months reversed on appeal.  (Click here to read entire case in PDF format)

United States v. Walker,

1 F.3d 423 (6th Cir. 1993)

(Jury Exposure to Improper

Material Merits Reversal)

Mr. Cline represented a Defendant who was convicted of a conspiracy to import heroin from Thailand, through Japan, into Columbus, for later distribution.  On appeal, the Court reversed the defendant's conviction after Mr. Cline argued that the jury had been improperly exposed to materials excluded from evidence.  Sentence of 169 months reversed.  (Click here to read entire case in PDF format)

Whitehall v. Moling,

40 Ohio App.3d 66 (1987)

(Jurisdictional Question)

Constitutional challenge to City Ordinance prohibiting parking of commercial vehicles in residential areas granted by trial court. Mr. Cline represented the City of Whitehall, and argued that the defendant did not have standing to challenge the constitutionality of the ordinance.  Reversed on appeal.  (Click here to read entire case in PDF format)
   
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