Appeal Procress
The criminal appeals process is a legal procedure that allows a convicted individual to challenge the decision of a lower court. This process begins with the filing of a notice of appeal, followed by the preparation of a written brief outlining the grounds for the appeal. The appellate court reviews the case, considering the arguments presented and the trial record, before issuing a decision that may be upheld, reversed, or modified from the original ruling. Ultimately, the appeals process serves as a crucial mechanism for ideally to ensure justice and accountability within the legal system.
This is a long & painstaking process where deadlines are ever important, however always getting pushed out further & further by Prosecutors, who seem to not care about others or the lives they have chosen to destroy.
Below is just a slice of our timeline on only one of the motions we have filed, which is still in the process. We are currently waiting for a decision on our oral argument in the Third Appeallate Court.
Appeals Timeline
Ohio Third Appellate District
September 3, 2024
Third District found in Cullens favor in regards to Judge Rosebrook decision claiming that the new evidence was inconsequential. Findings are as follows:
"Parsons contends that the trial court applied an incorrect legal standard in deciding the motion. For the reasons that follow, we agree with that contention, reverse the trial court's judgment, and remand for further proceedings
consistent with this opinion."
"Parsons argues that the trial court applied an incorrect standard in deciding the motion for leave. As explained below, we agree with this argument and find that the case must be remanded for the trial court to newly decide the motion using the proper standard and procedure, as set forth in Criminal Rule 33."
Hearing on Motion for Leave (New Trial)
July 20, 2023
"In its judgment entry, the trial court stated, "[ilt is not enough to say that the Defendant was unavoidably prevented from discovering any evidence whatsoever" but, rather, "[that evidence must be material in order to be granted leave to file a motion for a new trial."The trial court decided that, [because the Defendant's Motion fails under the due process analysis, as he has failed to demonstrate materiality, the Court need not determine whether he was unavoidably prevented from filing his motion in a timely fashion or whether he demonstrated that the State suppressed the" evidence."
Motion in Opposition for Leave to File for New Trial
August 28, 2023
Cullen's defense called several witnesses including Hawken Flangan (orignial prosector), Defiance County Man Unit, and CCNO personnel to legitimize records.
However, "The State opposed the motion, arguing Parsons had not established, by clear and convincing proof, that he was unavoidably prevented from discovering the evidence.'"
Ohio Third
Appellate District Full Opinion
File for New Trial Based on New Evidence
March 20, 2023
Motion for Leave to File Delayed Motion for A New Trial Based Upon Newly Discovered Evidence (Rule 33)
This motion was, "based upon newly discovered evidence, previously unavailable to [him] and procured through a public records request to the Defiance County Prosecutor's office." Parsons relied on four pieces of (alleged) newly discovered evidence and argued they demonstrated that a witness for the state-who had testified he heard Parsons admit to the
shooting at issue—testified falsely at the trial."