Is There a Statutory Provision for Authorising An Appeal Following An Acquittal on Merits of a Criminal Contempt Charge ?
In Denovchek v. Bd. of Trumbull Cty. Commrs. (1988), 36 Ohio St. 3d 14, 520 N.E.2d 1362, however, the Ohio Supreme Court recognized a widely followed rule that "no right of appeal is available following an acquittal on the merits of a criminal contempt charge." Id. at 16 (citing cases);
See also Contempt, 17 Ohio Jur.3d 61 (citing Denovchek and recognizing that "no statutory provision specifically authorizes appellate review of a refusal to punish for contempt, and the assumption underlying R.C. 2705.09 regarding the review of judgments of contempt appears to be that an appeal will be taken only in situations where the court finds a person in contempt").
In addition, absent prejudice to the movant as a result of a contempt motion being denied, the Ohio Supreme Court has determined that no right of appeal exists. Denovchek, 36 Ohio St.3d at 17 ("Absent a showing of prejudice to the party making the contempt motion, contempt is essentially a matter between the court and the person who disobeys a court order."); see also Schiesswohl v. Schiesswohl, Summit App. No. 21629, 2004 Ohio 1615, P12.