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Date: 01-21-2021
Case Style:
STATE OF OHIO - vs - JAMES M. VAN KELL
Case Number: 2020-L-126
Judge: THOMAS R. WRIGHT
Court: IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY, OHIO
Plaintiff's Attorney: Charles E. Coulson, Lake County Prosecutor
Defendant's Attorney:
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Description:
Warren, OH - Criminal defense attorney represented James M. Van Kell with filing a notice of appeal from the trial court’s November 14, 2019 sentencing entry.
On December 21, 2020, appellant, James M. Van Kell, filed a
notice of appeal from the trial court’s November 14, 2019 sentencing entry, which he
attached to his notice. A timely notice was due no later than December 16, 2019, which
was not a holiday or weekend. The appeal is untimely by over a year.
{¶2} “* * * [A] party who wishes to appeal from an order that is final upon its
entry shall file the notice of appeal required by App.R. 3 within 30 days of that entry.”
App.R. 4(A)(1).
2
{¶3} “(1) After the expiration of the thirty day period provided by App.R. 4(A) for
the filing of a notice of appeal as of right, an appeal may be taken by a defendant with
leave of the court to which the appeal is taken in the following classes of cases:
{¶4} “(a) Criminal proceedings; * * *
{¶5} “(2) A motion for leave to appeal shall be filed with the court of appeals
and shall set forth the reasons for the failure of the appellant to perfect an appeal as of
right. * * *.” App.R. 5(A).
{¶6} Appellant has neither complied with the thirty-day rule set forth in App.R.
4(A)(1) nor sought leave to appeal under App.R. 5(A). Thus, this court is without
jurisdiction to consider his appeal. Appellant has a remedy of filing an untimely criminal
appeal under App.R. 5(A).
Outcome: Appeal dismissed, sua sponte, as untimely.
Plaintiff's Experts:
Defendant's Experts:
Comments: