Defendants convicted in the Wayne County Courts enjoy an appeal of right to the Ninth District Court of Appeals, and when the conviction is affirmed in that court, the defendant may pursue a discretionary appeal in the Ohio Supreme Court and sometimes seeks review in the United States Supreme Court.
The Appellate Division represents the State of Ohio in those appellate cases and to seek affirmation of those convictions. Representation in such appeals includes the filing of written briefs and/or memoranda and often includes the presentation of oral arguments to the appellate court. The Appellate Unit seeks affirmation of the conviction to the fullest proper extent of the law but concedes error and the need for appellate reversal when appropriate.
The State of Ohio can appeal in certain circumstances when reversible error prejudicial to the prosecution has occurred. As a result, the Appellate Division’s role includes filing appeals on behalf of the State of Ohio in the appellate courts
The Appellate Division also represents county entities and officials in appealed civil matters, as well as county officials in federal court when those officials are sued in federal habeas corpus actions.