Baker Dismissals

The Court recently dismissed several cases for failure to comply with State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163.  If your case was one of them, you may have questions as to how to proceed. 

 Q. Do I need to file a new notice of appeal?

A. Yes, you will need to file a new notice of appeal after the trial court issues a new, final judgment entry.  A new case number will be assigned and you will need to provide a new cost deposit or filing fee.

Q. If the record was already prepared or briefs were already filed in the dismissed case, will I have to re-do that work?

A. No, if the record was already transmitted or filed and/or briefs were already filed in the dismissed case, you can motion the Court of Appeals to have the transcript or briefs considered as if filed in the new appellate case.

Q. Should I file a fee application if I was appointed in the dismissed case and it was dismissed pursuant to Baker?

A. Yes, you should file a fee application in the dismissed case for the work that was completed in that case.  This fee should be filed in accordance with the applicable rule and should not be held until the new case is concluded.

Q. If I file a new appeal, should I file a fee application in the new case when it is completed?

A. Yes, but it should include work that was done in that new appeal only.  It should not include any work which was completed in the initial, dismissed appeal or any work for which you were already paid.

Q. What do I do if I have a question?

A. Please feel free to call the Court of Appeals at 330-451-7765.  Although we cannot give legal advice, we would be glad to assist with any administrative-type questions you may have.