State v. Westfall

Ohio Supreme Court

State v. Westfall

346 N.E.2d 282, 46 Ohio St. 2d 31, 75 Ohio Op. 2d 97, 1976 Ohio LEXIS 589

CourtOhio Supreme Court

DecidedApril 21, 1976

DocketNo. 75-773

StatusPublished

Cited by4 cases

This text of 346 N.E.2d 282 (State v. Westfall) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Westfall, 346 N.E.2d 282, 46 Ohio St. 2d 31, 75 Ohio Op. 2d 97, 1976 Ohio LEXIS 589 (Ohio 1976).

Pincite

Opinion

Per Curiam.

This court finds the case of State v. Williamson (1967), 10 Ohio St. 2d 195, controlling.

[32]*32In Williamson, at page 196, this court held:

“In our opinion, a defendant incarcerated in prison and acting without the aid of counsel filed his notice of appeal in time, if, within the * * * period specified * * * he delivers such notice to the proper prison authorities for forwarding to the court. In such a case, the jailer in effect represents the lower court * * *. We believe that such a conclusion is required by Fallen v. United States (1964), 378 U. S. 139.”

In the case at bar, appellant filed his original notice of appeal with the Legal Officer of the Chillicothe Correctional Institute on July 18, 1975, well within the time for perfecting his appeal. Through no fáult of appellant, the notice of appeal was erroneously mailed to Lucas County. Therefore, appellant, who properly followed institution procedure, has filed his notice of appeal “in time” by delivering such notice “to the proper prison authorities for forwarding to the court.” Williamson, supra.

The judgment of the Court of Appeals is reversed and the cause is remanded to the Court of Appeals for a hearing on the merits.

Judgment reversed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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

Per Curiam.

This court finds the case of State v. Williamson (1967), 10 Ohio St. 2d 195, controlling.

[32]*32In Williamson, at page 196, this court held:

“In our opinion, a defendant incarcerated in prison and acting without the aid of counsel filed his notice of appeal in time, if, within the * * * period specified * * * he delivers such notice to the proper prison authorities for forwarding to the court. In such a case, the jailer in effect represents the lower court * * *. We believe that such a conclusion is required by Fallen v. United States (1964), 378 U. S. 139.”

In the case at bar, appellant filed his original notice of appeal with the Legal Officer of the Chillicothe Correctional Institute on July 18, 1975, well within the time for perfecting his appeal. Through no fáult of appellant, the notice of appeal was erroneously mailed to Lucas County. Therefore, appellant, who properly followed institution procedure, has filed his notice of appeal “in time” by delivering such notice “to the proper prison authorities for forwarding to the court.” Williamson, supra.

The judgment of the Court of Appeals is reversed and the cause is remanded to the Court of Appeals for a hearing on the merits.

Judgment reversed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

346 N.E.2d 282, 46 Ohio St. 2d 31, 75 Ohio Op. 2d 97, 1976 Ohio LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-westfall-ohio-1976.

Opinion

Related

Cite This Page — Counsel Stack