Ohio § 2953.09

§ 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.