State v. Michie

Citations

• 2025 Ohio 1672

Syllabus

Defendant-appellant's motion for leave to file a delayed appeal is granted. Defendant-appellant satisfied his burden under App.R. 5(A) of demonstrating a reasonable explanation for his failure to perfect a timely appeal. He stated that he did not learn of the trial court's decision until the day a timely notice of appeal would have been due. He stated that neither the trial court nor the clerk of courts served him with a copy of the trial court's decision and entry, and the trial court's docket does not indicate service of that decision and entry by the clerk of courts. The record contains no evidence to refute defendant-appellant's claim. Defendant-appellant filed his motion for leave to file a delayed appeal within a reasonable period of 30 days after he claims he first learned of the trial court's decision and entry.