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How To File Court of Appeals Complaint

March 12, 2009


In Ohio, after the County Common Pleas Courts have ruled on the constitutional issues of the Adam Walsh Act (Senate Bill 10, Sex Offender Law), the cases should be appealed to the District Courts of Appeals. It seems that the Courts of Appeals, contrary to the Ohio Public Defender indigency policy, are denying appointment of counsel to complainants. Therefore, it is critical for you to file on your own (‘pro se’).  Or if directed in your denial letter, you just may be required to send a one page statement asking that your “record be completed” from the Common Pleas Court to the Court of Appeals.

ConstitutionalFights.org does not imply itself to be qualified to provide legal advice but we will provide directions for those in this situation so that they can file  motions ‘pro se’ with the Courts of Appeals.

This is a SAMPLE motion only. The first and final pages of the motion need to be revised to incorporate your specific details. All pages between can be copied. Make sure that you type in your name(pro se)/address/telephone/email as “petitioner”. Type in your county sheriff and state attorney general in as “respondents”. If you use your prior criminal case number, you can avoid fees in some counties. Whenever you refer to yourself, follow your name with ‘pro se’ (acting on your own behalf without an attorney). On the final page, complete your name(pro se)/address/ tel/email. Complete Certificate of Service with your signature/name(pro se). And call your county clerk of courts to find out how many copies you will need to submit. At least one copy will also need to be send to the County Prosecuter.

We provide to you this SAMPLE motion to be filed with the Court of Appeals in your District. It can be downloaded here in PDF format which can be printed (16 pages).

It is very important that you file your motion to the Court of Appeals. The vast majority of legal complaints are dying after County Court rulings. Therefore, we must continue to fight up the legal ladder. Although we cannot provide legal advice, it is entirely possible that this sample motion can be used in other states as well.

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