This story originally ran Sept. 21, 1997.
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
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.