2012 Ohio 1339
Ohio Ct. App.2012Background
- Kinder, applicant, sought to reopen this court’s judgment in State v Kinder, 8th Dist. No. 94722, 2011-Ohio-1061, under App. R. 26(B) and Murnahan.
- The court denied reopening; judgment journalized March 10, 2011; Kinder filed application October 4, 2011, about 200 days late.
- Rule App.R. 26(B)(1)-(2)(b) requires filing within 90 days unless good cause shown.
- Kinder claimed good cause due to inmate assault March 14, 2011, injuries, segregation, library access issues, lockdowns, gang activity, librarian vacancy, and limited research terminals.
- Kinder also argued lack of legal knowledge and limited access to the prison law library; court considered these arguments but found no substantiating records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kinder’s reopening application was timely. | Kinder | State | Untimely on its face |
| Whether good cause excused the untimeliness. | Kinder | State | No good cause established |
| Whether medical incapacity or limited access constitutes good cause for reopening. | Kinder | State | Medical or access issues insufficient without supporting records |
Key Cases Cited
- State v. Gilbert, 8th Dist. No. 90856, 2009-Ohio-607 (Ohio 2009) (medical incapacity requires supporting records; self-serving affidavit insufficient)
- State v. Klein, 8th Dist. No. 58389, 1991 WL 41746 (Ohio 1991) (ignorance of the law does not excuse tardiness)
- State v. Trammell, 8th Dist. No. 67834, 1995 WL 415171 (Ohio 1995) (ignorance of the law not a basis for good cause)
- State v. Cummings, 8th Dist. No. 69966, 1996 WL 596467 (Ohio 1996) (ignorance of law not sufficient for reopening)
- State v. Young, 8th Dist. Nos. 66768 and 66769, 1994 WL 568334 (Ohio 1994) (ignorance of the law not valid excuse for delay)
- State v. Tucker, 73 Ohio St.3d 152, 1995-Ohio-2 (Ohio 1995) (riots/lockdowns do not constitute good cause)
- State v. Kaszas, 8th Dist. Nos. 72547 and 72547, 1998 WL 598530 (Ohio 1998) (limited library access not good cause)
- State v. Hickman, Cuyahoga App. No. 72341, 1998 WL 213166 (Ohio 1998) (library limitations alone insufficient)
- State v. Turner, Cuyahoga App. No. 55960, 1989 WL 139488 (Ohio 1989) (untimeliness alone defeats reopening)