Background
A trial court entered a postverdict judgment of acquittal in favor of Marcus R. Cobb. The State of Ohio attempted to appeal that ruling as of right.
The Third District Court of Appeals, reviewing the matter from Logan County, dismissed the State’s attempted appeal of right. The State then appealed to the Supreme Court of Ohio.
The Court’s Holding
The Supreme Court of Ohio affirmed the Third District’s judgment on the authority of State v. King, 2026-Ohio-2656. In King, the court held that R.C. 2945.67(A) does not permit the State to appeal a trial court’s postverdict judgment of acquittal as of right.
The State may seek to appeal such a judgment only with leave of the court of appeals. Because the State attempted an appeal as of right, the Third District properly dismissed it.
Key Takeaways
- A postverdict judgment of acquittal is not appealable by the State as of right under R.C. 2945.67(A).
- The State may pursue such an appeal only by obtaining leave from the court of appeals.
- The Supreme Court affirmed the Third District Court of Appeals’ dismissal of the State’s attempted appeal of right.
Why It Matters
Cobb applies the rule announced in State v. King and confirms the required appellate procedure when Ohio prosecutors seek review of a postverdict judgment of acquittal. Prosecutors must request leave to appeal rather than proceed as of right.