September 19, 2014

Elyria
Fog
46°F
test

For Nancy Smith and Joseph Allen, few avenues remain

This story originally ran Sept. 21, 1997.

Nancy Smith and Joseph Allen

Nancy Smith and Joseph Allen

Joseph Allen and Nancy Smith are running out of appeals in Ohio.

According to Vermilion lawyer Ron Bailey, who is co-counsel (with Columbus lawyer James Owen) for Allen and Smith, Allen’s case is before the Ohio Supreme Court. It’s Allen’s last chance for relief in the
state.

Smith’s case, Bailey said, is before the 9th District Court of Appeals in Akron.

If that court denies Smith’s petition, she has one remaining appeal in Ohio, with the Supreme Court.

Bailey said that in the state appeals courts, no new evidence is examined.

He said he believes Smith and Allen will not get relief in Ohio. If they don’t, he said, appeals petitions will be filed in federal court.