# State v. Westfall

> Ohio Supreme Court · April 21, 1976 · 46 Ohio St. 2d 31

URL: https://www.frixlaw.com/law-library/cases/6755731

## Case

- **Full name:** The State of Ohio v. Westfall
- **Court:** Ohio Supreme Court
- **Decided:** April 21, 1976
- **Citations:** 46 Ohio St. 2d 31; 75 Ohio Op. 2d 97; 346 N.E.2d 282; 1976 Ohio LEXIS 589
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755731

## Opinion text

Per Curiam.
This court finds the case of State v. Williamson (1967), 10 Ohio St. 2d 195 , controlling.
*32 In Williamson , at page 196, this court held:
“In our opinion, a defendant incarcerated in prison and acting without the aid of counsel filed his notice of appeal in time, if, within the * * * period specified * * * he delivers such notice to the proper prison authorities for forwarding to the court. In such a case, the jailer in effect represents the lower court * * *. We believe that such a conclusion is required by Fallen v. United States (1964), 378 U. S. 139 .”
In the case at bar, appellant filed his original notice of appeal with the Legal Officer of the Chillicothe Correctional Institute on July 18, 1975, well within the time for perfecting his appeal. Through no fáult of appellant, the notice of appeal was erroneously mailed to Lucas County. Therefore, appellant, who properly followed institution procedure, has filed his notice of appeal “in time” by delivering such notice “to the proper prison authorities for forwarding to the court.” Williamson, supra.
The judgment of the Court of Appeals is reversed and the cause is remanded to the Court of Appeals for a hearing on the merits.
Judgment reversed.
O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755731. Public record. Not legal advice.