Ex parte Hertz

Ohio Court of Appeals

Ex parte Hertz

139 N.E.2d 645, 74 Ohio Law. Abs. 71, 1953 Ohio App. LEXIS 903

CourtOhio Court of Appeals

DecidedApril 2, 1953

DocketNo. 4928

StatusPublished

Cited by2 cases

This text of 139 N.E.2d 645 (Ex parte Hertz) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Hertz, 139 N.E.2d 645, 74 Ohio Law. Abs. 71, 1953 Ohio App. LEXIS 903 (Ohio Ct. App. 1953).

Pincite

Opinion

OPINION

By THE COURT.

This is an application for leave to appeal, in the case of State of Ohio v. Carl C. Hertz, No. 92781, Franklin County, Ohio, more than thirty days after sentence and judgment. Such an appeal is permissible under §13459-4 GC “only by leave of Court or two of the Judges thereof ” This Court recently held in State v. McGahan, 86 Oh Ap 283, that leave to appeal would not be granted without a showing of good cause. See also, In re Martin, 61 Abs 309, 104 N. E. (2d) 194. The only ground set forth by this petitioner is that he learned that his sentence was illegal, after he became incarcerated. This, in our opinion, does not constitute good cause for the granting of an appeal more than thirty days after sentence and judgment.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By THE COURT.

This is an application for leave to appeal, in the case of State of Ohio v. Carl C. Hertz, No. 92781, Franklin County, Ohio, more than thirty days after sentence and judgment. Such an appeal is permissible under §13459-4 GC “only by leave of Court or two of the Judges thereof ” This Court recently held in State v. McGahan, 86 Oh Ap 283, that leave to appeal would not be granted without a showing of good cause. See also, In re Martin, 61 Abs 309, 104 N. E. (2d) 194. The only ground set forth by this petitioner is that he learned that his sentence was illegal, after he became incarcerated. This, in our opinion, does not constitute good cause for the granting of an appeal more than thirty days after sentence and judgment.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Cite This Page — Counsel Stack

Bluebook (online)

139 N.E.2d 645, 74 Ohio Law. Abs. 71, 1953 Ohio App. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-hertz-ohioctapp-1953.

Opinion

Related

Cite This Page — Counsel Stack