Ohio § 5924.62

§ 5924.62.

(A) In a trial by court-martial in which a military judge presides and in which a punitive

discharge may be adjudged, the state may appeal any of the following, except an order

or ruling that is, or that amounts to, a finding of not guilty with respect to the

charge or specification: (1) An order or ruling that terminates the proceedings with respect to a charge or specification; (2) An order or ruling that excludes evidence that is of substantial consequence to the

determination of the material issues in the proceeding; (3) An order or ruling that directs the disclosure of classified information; (4) An order or ruling that imposes sanctions for nondisclosure of classified information; (5) A refusal by the military judge to issue a protective order sought by the state to

prevent the disclosure of classified information; (6) A refusal by the military judge to enforce a protective order that has previously

been issued by appropriate authority to prevent the disclosure of classified information. (B) The state may not appeal an order or ruling unless within seventy-two hours after

the military judge serves the order or ruling the trial counsel files with the military

judge a written notice of appeal from the order or ruling.  The notice shall include a certification by the trial counsel that the appeal is

not taken for the purpose of delay and, if the order or ruling appealed is one that

excludes evidence, that the evidence excluded is substantial proof of a fact material

in the proceeding. (C) Appellate government counsel shall diligently prosecute an appeal under this section

to the court of military appeals created by section 5924.66 of the Revised Code . (D) Any period of delay resulting from an appeal under this section shall be excluded

in deciding any issue regarding denial of a speedy trial unless an appropriate authority

determines that the appeal was filed solely for the purpose of delay with the knowledge

that it was totally frivolous and without merit.