Ohio § 2930.19

§ 2930.19.

(A)(1) A victim, victim's representative, or victim's attorney, if applicable, or the prosecutor,

on request of the victim, has standing as a matter of right to assert, or to challenge

an order denying, the rights of the victim provided by law in any judicial or administrative

proceeding.  The trial court shall act promptly on a request to enforce, or on a challenge of

an order denying, the rights of the victim.  In any case, the trial court shall hear the matter within ten days of the assertion

of the victim's rights.  The reasons for any decision denying relief under this section shall be clearly

stated on the record or in a judgment entry. (2)(a) If the trial court denies the relief sought under division (A)(1) of this section,

the trial court shall do all of the following: (i) Provide the victim, the victim's representative, if applicable, the victim's attorney,

if applicable, and the parties with notice of the decision and a copy of the judgment

entry; (ii) Provide the victim, the victim's representative, if applicable, and the victim's

attorney, if applicable, with the following statement along with the judgment entry: “NOTICE The victim, the victim's attorney, if applicable, or the prosecutor on request of

the victim, may appeal this decision or petition to the court of appeals for an extraordinary

writ.  If such an interlocutory appeal or extraordinary writ is sought while the case is

still pending in the trial court, it shall be initiated no later than fourteen days

after notice of the decision was provided to the victim by telephone or electronic

mail to the latest telephone number or electronic mail address provided by the victim.  The prosecutor or the prosecutor's designee shall provide the notice to the victim

and the notice shall be memorialized in a manner sufficient to prove to the court

the prosecutor or prosecutor's designee sent the notice.  The court shall dismiss any such interlocutory appeal or petition as untimely if

it does not comply with this fourteen-day limit.” (b)(i) If the court denies the relief sought, the victim or the victim's attorney, if applicable,

or the prosecutor on request of the victim, may appeal or, if the victim has no remedy

on appeal, petition the court of appeals or supreme court for an extraordinary writ,

and the victim has standing to assert a right of limited appeal as it pertains to

the decisions impacting the rights of the victim.  An interlocutory appeal filed under this section shall be filed not later than fourteen

days after notice was provided to the victim as described in division (A)(1) of this

section, and such an appeal divests the trial court of jurisdiction of the portion

of the case implicating the victim's rights until the interlocutory appeal is resolved

by the appellate court. (ii) Upon the filing of an interlocutory appeal, the trial court shall transmit those

portions of the transcript necessary for consideration of the issues to be reviewed

by the court of appeals within five business days.  Once the transcript is received by the court of appeals, the party that initiated

the appeal shall have eight days to file a merit brief.  Once the merit brief is filed, the appellee shall have eight days to file a response

brief.  The court of appeals shall decide the entire appeal not later than thirty-five days

after the appeal is filed.  Notwithstanding these limits, the litigants, with the approval of the court, may

stipulate to a different period of time for the briefing and issuance of the decision

and judgment on the appeal.  The victim, the victim's attorney, the prosecutor, or the defendant may notify the

supreme court if a court of appeals has failed to issue a judgment in accordance with

the stipulated period of time.  Such notifications are public records. (iii) Nothing in this section shall be interpreted as applying to a direct appeal that

is filed after the court sentences the defendant.  A victim who wishes to appeal from an order that is final on its entry after the

court sentences the defendant shall file the notice of appeal within thirty days of

that entry. (c) If the victim or victim's attorney, if applicable, petitions for an extraordinary

writ, the court of appeals or the supreme court shall enter an order establishing

an expedited schedule for the filing of an answer, the submission of evidence, the

filing of briefing by the litigants, and the entry of decision and judgment and shall

place the petition on its accelerated calendar.  The court of appeals or the supreme court shall immediately notify the trial court

of the petition, and the trial court shall transmit to the court of appeals or the

supreme court those portions of the transcript necessary for the consideration of

the issues to be reviewed by the applicable appellate court within five business days

of the filing of the appeal or petition.  The court shall enter judgment within forty-five days after the petition for an

extraordinary writ is filed.  Notwithstanding these limits, the litigants, with the approval of the court, may

stipulate to a different period of time for the briefing and issuance of the decision

and judgment in the action.  The victim, the victim's attorney, the prosecutor, or the defendant may notify the

supreme court if a court of appeals has failed to issue a judgment in accordance with

the stipulated period of time.  Such notifications are a public record. (d) If any interlocutory appeal is pursued to the supreme court, the supreme court shall

enter an order establishing an expedited schedule for its proceedings, including,

as applicable, the filing of jurisdictional memoranda and ruling thereon, the transmission

of the record, the filing of briefing by the litigants, oral argument if permitted,

and the entry of decision and judgment and shall place the appeal on its accelerated

calendar.  The court shall enter judgment within sixty days after the appeal is filed.  The supreme court shall immediately notify the trial court of the appeal, and the

trial court shall transmit to the court of appeals or the supreme court those portions

of the transcript necessary for consideration of the issues to be reviewed by the

applicable appellate court within five business days of the filing of the appeal.  Notwithstanding these limits, the litigants, with the approval of the court, may

stipulate to a different period of time for the supreme court's proceedings and for

the issuance of the supreme court's decision and judgment in the case. (e) Nothing in this division applies to a direct appeal that is filed by the victim after

the court sentences the defendant.  A victim who wishes to appeal from an appellate entry shall file the appropriate

notice of appeal to the supreme court within thirty days of the entry. (B)(1) A victim of a criminal offense or delinquent act has the right to be represented

by an attorney.  Nothing in this section creates a right to an attorney at public expense for a victim.  If a victim is represented by an attorney, the court shall notify the victim's attorney

in the same manner in which the parties are notified under applicable law or rule.  The victim's attorney shall be included in all bench conferences, meetings in chambers,

and sidebars with the trial court that directly involve a decision implicating that

victim's rights as enumerated in Ohio Constitution, Article I, Section 10a .  Nothing in this section shall be construed as making a victim a party to the case. (2) A defendant has a right to respond and be represented by an attorney for appeals

and writs the victim, the victim's attorney, if applicable, or the prosecutor may

file pursuant to this section.  An indigent defendant has the right to appointed counsel for appeals and writs filed

pursuant to this section.  If, as an indigent person, a defendant is unable to employ counsel, the defendant

is entitled to have counsel provided pursuant to Chapter 120. of the Revised Code.  The court shall notify the defendant and the defendant's attorney in the same manner

that the parties are notified under applicable law or rule. (C) The failure of a public official or public agency or the public official's or public

agency's designee to comply with the requirements of this chapter does not give rise

to a claim for damages against that public official or public agency or that public

official's or public agency's designee, except that a public agency as an employer

may be held responsible for a violation of section 2930.18 of the Revised Code . (D) The failure of any person or entity to provide a right, privilege, or notice to a

victim under this chapter does not constitute grounds for declaring a mistrial or

new trial, for setting aside a conviction, sentence, adjudication, or disposition,

or for granting postconviction release to a defendant or alleged juvenile offender. (E) If there is a conflict between a provision in this chapter and a specific statute

governing the procedure in a case involving a capital offense, the specific statute

supersedes the provision in this chapter. (F) A defendant or juvenile offender may not raise the failure to afford a right to a

victim as error in any legal argument to provide an advantage to that defendant or

juvenile offender in any motion, including a dispositive motion, motion for a mistrial,

motion for new trial, or motion to have a conviction, sentence, or disposition set

aside, in any petition for post-conviction relief, or in any assignment of error on

appeal. (G) If the victim of a criminal offense or delinquent act is incarcerated in a state

or local correctional facility or is in the legal custody of the department of youth

services, the victim's rights under this chapter may be modified by court order to

prevent any security risk, hardship, or undue burden upon a public official or public

agency with a duty under this chapter. (H) As used in this section, “ post-conviction release ” means judicial release, early release, and parole, but does not mean relief pursuant

to a federal petition in habeas corpus.