2019 Ohio 1113
Ohio Ct. App.2019Background
- Christopher Lenhart was convicted in 1998 of one count of rape and one count of felonious assault.
- After sentencing, the trial court classified him as a sexually oriented offender (the lowest classification at the time).
- Lenhart appealed; this court affirmed his convictions and sentences in a July 22, 1999 opinion.
- On January 17, 2019, nearly 20 years after journalization, Lenhart filed an App.R. 26(B) application to reopen his appeal claiming denial of due process and equal protection regarding his sexual-offender classification.
- The application did not (a) explain or establish good cause for the almost 20-year delay, (b) identify how appellate counsel was ineffective, or (c) include the required supporting affidavit under App.R. 26(B)(2)(d).
- The state opposed the application; the court denied reopening for failure to show good cause for untimeliness and thus declined to address the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lenhart's App.R. 26(B) application to reopen is timely or justified | Lenhart contends due process and equal protection violations regarding his sexual-offender classification | Lenhart asserts ineffective assistance of appellate counsel as basis to reopen (filed nearly 20 years after journalization) | Denied: application untimely and no showing of good cause for delay; procedural defects fatal, so court did not reach merits |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266, 2010-Ohio-2424, 933 N.E.2d 753 (recognition of sexual-offender classifications and related law)
- State v. Wickline, 74 Ohio St.3d 369, 658 N.E.2d 1052 (upholding procedural requirements for post-appeal applications)
- State v. Gumm, 103 Ohio St.3d 162, 2004-Ohio-4755, 814 N.E.2d 861 (App.R. 26(B) timeliness/good-cause framework)
- State v. LaMar, 102 Ohio St.3d 467, 2004-Ohio-3976, 812 N.E.2d 970 (same)
- State v. Keith, 119 Ohio St.3d 161, 2008-Ohio-3866, 892 N.E.2d 912 (denial of reopening where good cause not shown is sufficient without reaching merits)
- State v. Williams, 129 Ohio St.3d 19, 2011-Ohio-232, 950 N.E.2d 140 (same)