State v. Brooks, 2012 Ohio 915

Brooks was convicted in Cuyahoga County Common Pleas Case No. CR-509212 of drug trafficking/possession and weapons offenses, and possession of criminal tools.
The Eighth District affirmed the conviction in State v. Brooks, 2011-Ohio-1679, and the Ohio Supreme Court denied a pro se delayed appeal.
Brooks filed an application for reopening under App.R. 26(B), asserting ineffective assistance of appellate counsel for not challenging trial counsel's search propriety and for admitted exhibits.
The appellate judgment for reopening was journalized on April 7, 2011; Brooks filed the reopening application on July 11, 2011, exceeding the 90-day limit.
App.R. 26(B)(2)(b) requires a showing of good cause for untimely filing if filed beyond 90 days.
The court rejected Brooks’s mental-illness and indigence arguments as insufficient good cause for untimely filing and denied reopening.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brooks showed good cause for untimely reopening application.	Brooks argued mental illness and financial issues prevented timely filing.	Brooks's mental health status and indigence do not establish good cause.	No good cause; reopening denied.

State v. Morris, State v. Morris, 10th Dist. No. 05AP-1032, 2007-Ohio-2382 (2007) (mental-illness evidence insufficient to excuse untimely filing for reopening)
State v. Graves, State v. Graves, 8th Dist. No. 88845, 2007-Ohio-5430 (2007) (indigence not good cause for untimely reopening filing)
State v. Braddy, State v. Braddy, 8th Dist. No. 83462, 2004-Ohio-3128 (2004) (lack of funds not good cause for untimely filing)
State v. Gumm, State v. Gumm, 103 Ohio St.3d 162, 2004-Ohio-4755 (2004) (timeliness and good-cause requirement upheld)
State v. LaMar, State v. LaMar, 102 Ohio St.3d 467, 2004-Ohio-3976 (2004) (timeliness and good-cause requirement upheld)
State v. Almashni, State v. Almashni, 8th Dist. No. 92237, 2010-Ohio-898 (2010) (reopening denied for lack of good cause)