State v. Barnes

Summary

The Supreme Court of Ohio affirmed the Eighth District's denial of a crime victim's motion for leave to file a delayed appeal from a sentencing entry that failed to award restitution. The court held that App.R. 5(A) confines delayed appeals to defendants, that neither the court of appeals nor the Supreme Court may judicially rewrite the rule outside the constitutional rulemaking process, and that Marsy's Law confers a right to an appeal but not a delayed appeal. It further rejected the victim's procedural-due-process and equal-protection challenges, applying rational-basis review and declining to create a hybrid state equal-protection methodology. DeWine, J., authored the opinion for the court; Brunner, J., joined all of it except Part II(B).