Ohio Code § 2953.09
Ohio Code § 2953.09. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2953.09.
(A)(1) Upon filing an appeal in the supreme court, the execution of the sentence or judgment
imposed in cases of felony is suspended. (2)(a) If a notice of appeal is filed pursuant to the Rules of Appellate Procedure by a
defendant who is convicted in a municipal or county court or a court of common pleas
of a felony or misdemeanor under the Revised Code or an ordinance of a municipal corporation,
the filing of the notice of appeal does not suspend execution of the sentence or judgment
imposed. However, consistent with divisions (A)(2)(b), (B), and (C) of this section, section 2937.011 of the Revised Code , and Appellate Rule 8 , the municipal or county court, court of common pleas, or court of appeals may suspend
execution of the sentence or judgment imposed during the pendency of the appeal and
shall determine whether that defendant is entitled to bail and the amount and nature
of any bail that is required. The bail shall at least be conditioned that the defendant will prosecute the appeal
without delay and abide by the judgment and sentence of the court. (b)(i) A court of common pleas or court of appeals may suspend the execution of a sentence
of death imposed for an offense committed before January 1, 1995, only if no date
for execution has been set by the supreme court, good cause is shown for the suspension,
the defendant files a motion requesting the suspension, and notice has been given
to the prosecuting attorney of the appropriate county. (ii) A court of common pleas may suspend the execution of a sentence of death imposed
for an offense committed on or after January 1, 1995, only if no date for execution
has been set by the supreme court, good cause is shown, the defendant files a motion
requesting the suspension, and notice has been given to the prosecuting attorney of
the appropriate county. (iii) A court of common pleas or court of appeals may suspend the execution of the sentence
or judgment imposed for a felony in a capital case in which a sentence of death is
not imposed only if no date for execution of the sentence has been set by the supreme
court, good cause is shown for the suspension, the defendant files a motion requesting
the suspension, and only after notice has been given to the prosecuting attorney of
the appropriate county. (B) Notwithstanding any provision of section 2937.011 of the Revised Code to the contrary, a trial judge of a court of common pleas shall not release on bail
pursuant to division (A)(2)(a) of this section a defendant who is convicted of a bailable
offense if the defendant is sentenced to imprisonment for life or if that offense
is a violation of section 2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2905.01 , 2905.02 , 2905.11 , 2907.02 , 2909.02 , 2911.01 , 2911.02 , or 2911.11 of the Revised Code or is felonious sexual penetration in violation of former section 2907.12 of the
Revised Code. (C) If a trial judge of a court of common pleas is prohibited by division (B) of this
section from releasing on bail pursuant to division (A)(2)(a) of this section a defendant
who is convicted of a bailable offense and not sentenced to imprisonment for life,
the appropriate court of appeals or two judges of it, upon motion of the defendant
and for good cause shown, may release the defendant on bail in accordance with division
(A)(2) of this section.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2953.09
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Common questions
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