In re Brown
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[Cite as In re Brown, 2003-Ohio-862.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY IN THE MATTER OF: : JESSICA L. BROWN : Case No. 02CA2861 : DECISION AND JUDGMENT ENTRY ___________________________Released 2/5/03_________________ APPEARANCES: Vena Marshall, Minor Child, by Eddie F. Marshall, Father, and Sandra D. Marshall, Mother, pro se appellants. J. B. Marshall, Jr., Portsmouth, Ohio, for appellee. ___________________________________________________________ Harsha, J. {¶1} This appeal was filed October 18, 2002 by Vena Marshall, a juvenile, and her parents, Eddie and Sandra D. Marshall. The action in the trial court was a delinquency proceeding for an alleged assault in the Court of Common Pleas of Scioto County, Juvenile Division, in which Jessica L. Brown was the alleged victim. not proved its defendant and Vena Marshall was the The trial court held that the state had case beyond a reasonable doubt and the defendant had established the affirmative defense of selfdefense by a preponderance of the evidence. {¶2} On requiring December appellants 11, to 2002, show we cause issued why we an were order not compelled to essentially dismiss on the behalf of appeal the and state, why the their real appeal, party in interest, did not implicate the Double Jeopardy Clause of the Fifth Amendment to the Constitution of the United States. {¶3} Appellants have filed no response to the order. App.R. 4(A) requires a party to file an appeal within thirty days of the entry or order appealed from with an exception for some civil cases. It appears that appellants were not parties to the action in the trial court nor have they established that they come within any classification of nonparties entitled to appeal. dismissed pursue it. state, had because the Accordingly, the case is appellants' lack of standing to Moreover, even if a proper party, i.e., the filed the appeal, double jeopardy principles prevent an appeal from an acquittal. APPEAL DISMISSED. JUDGMENT ENTRY It is ordered that the APPEAL BE DISMISSED and that Appellee recover of Appellant costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Scioto County Common Pleas Court, Juvenile Division, to carry this judgment into execution. Any stay previously granted by this Court is hereby terminated as of the date of this entry. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions. Abele, J. & Kline, J.: Concur For the Court BY: ________________________ William H. Harsha, Judge NOTICE TO COUNSEL Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.
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