State v. O'Brien

Citations

• 2026 Ohio 1173

Syllabus

Trial court loses jurisdiction to act once an appeal has been taken and decided, unless the action pertains to an issue that is not inconsistent with the jurisdiction of the appellate court to review, affirm, modify, or reverse the appealed judgment. Crim.R. 32.1 motion is inconsistent with the appellate court's jurisdiction to affirm the conviction premised upon that plea. The trial court, therefore, lacks jurisdiction to consider a Crim.R. 32.1 motion after the conviction has been affirmed on appeal.