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STATE v. SIMS

No. 70-78.

27 Ohio St. 2d 79 (1971)

THE STATE OF OHIO, APPELLEE, v. SIMS, APPELLANT.

Supreme Court of Ohio.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Leonard Kirschner, for appellee.

Messrs. Rendigs, Fry, Kiely & Dennis, and Mr. William P. Schroeder, for appellant.

STERN, J.

The issue presented by this appeal is whether a Court of Appeals may dismiss a motion for leave to appeal by an indigent convicted defendant without first determining whether he was notified of his right to appeal and his right to court-appointed counsel for such an appeal.

The right to an appeal in state courts is not an absolute right. In McKane v. Durston (1894), 153 U.S. 684, 687, it was stated that...

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