Morgan v. Eads

In Morgan v. Eads, 104 Ohio St.3d 142, 2004 Ohio 6110, 818 N.E.2d 1157, the Ohio Supreme Court held that "proceedings under App.R. 26(B) are collateral postconviction proceedings and not part of the direct-appeal process." Id. at syllabus. Throughout its decision, the supreme court clearly stated that "an application under App.R. 26(B), whether successful or not, was never intended to constitute part of the original appeal;" proceedings under App.R. 26(B) are neither part of nor a continuation of the original appeal; and "the App.R. 26(B) process bears a marked resemblance to postconviction review. While a court of appeals is considering an application under App.R. 26(B), and even after it grants the application, the previous appellate judgment remains in effect until vacated. Thus, an applicant under App.R. 26(B) does not start the appeal process all over again, just as the postconviction process under R.C. 2953.21 is not equivalent to a new trial." Id. at P9, 10, 14, 15, 17.