If a defendant in a criminal prosecution is found guilty, the defendant can appeal the conviction (finding of guilt) or the sentence (punishment such as jail or prison, restitution, community service, probation, etc.). An appeal is not another trial—it is an opportunity to raise specific errors that might have occurred at trial. For example, a convicted defendant might claim on appeal that the judge made an incorrect ruling on an important question such as whether to exclude or suppress certain evidence, or whether to impose a certain sentence or punishment.

Appeals are complex processes and generally require the expertise of a licensed lawyer. On appeal a conviction may be reversed, a sentence may be altered, or the case may be sent back to the trial court for a new trial or a new sentence.

There are generally two potential levels of appellate review following a defendant’s conviction in a state court or federal trial court—an intermediate court (often called the court of appeals) and the highest court, or court of last resort (often the supreme court). Although a defendant usually has an automatic right to appeal a final conviction to the intermediate court of appeals, in many jurisdictions the highest court has discretion on whether to accept an appeal to review a case—known as discretionary review.

In Ohio, if a defendant is found guilty in a criminal prosecution, they have the right to appeal the conviction or the sentence. The appeal is not a retrial but a process to challenge legal errors that may have occurred during the trial, such as improper evidence rulings or sentencing issues. Appeals require the expertise of an attorney and can result in a reversal of the conviction, a change in the sentence, or a remand for a new trial or sentencing. Ohio has a two-tier appellate system, where the first level of appeal is to the intermediate Court of Appeals. If the appeal is unsuccessful at this level, the defendant can request a further appeal to the Ohio Supreme Court, which has discretionary power to decide whether to review the case. The right to appeal to the intermediate court is automatic, but the Ohio Supreme Court's review is not guaranteed and is granted at the court's discretion.