State v. Jackson

Aug 7, 2026
25 CO 0031
Versions:2026-Ohio-3077

OPINION AND JUDGMENT ENTRY

JUDGMENT:
Dismissed.

PER CURIAM.

{¶1} On July 9, 2026, Appellant Davante L. Jackson filed a pro se motion for reconsideration under App.R. 26(A). Our opinion in this matter was filed on June 10, 2026, and a copy was sent to Appellant and noted on the clerk of court’s docket the same day. App.R. 26(A)(1)(a) requires a motion for reconsideration to be filed “no later than fifteen days after the clerk has both mailed to the parties the judgment or order in question and made a note on the docket of the mailing . . . .” As Appellant‘s motion is untimely, it is dismissed.

{¶2} Even if Appellant’s motion for reconsideration had been timely filed, it would clearly have been overruled.

The test generally applied upon the filing of a motion for reconsideration in the court of appeals is whether the motion calls to the attention of the court an obvious error in its decision, or raises an issue for consideration that was either not considered at all or was not fully considered by the court when it should have been.

Columbus v. Hodge, 37 Ohio App.3d 68 (1987), paragraph one of the syllabus. However, “[a]n application for reconsideration is not designed for use in instances where a party simply disagrees with the conclusions reached and the logic used by an appellate court.” State v. Owens, 112 Ohio App.3d 334, 336 (11th Dist. 1997).

{¶3} Appellant’s motion for reconsideration does not specify any error, obvious or otherwise, made by this Court. It does not raise any matter that must be reconsidered. The motion simply asks us to look, once again, at the briefs and the record and issue another opinion that would be favorable to Appellant. This is not the purpose of appellate reconsideration. Since Appellant has not raised any error or issue that requires reconsideration, the motion must be dismissed even if it were timely.

{¶4} Appellant‘s motion for reconsideration is dismissed as untimely filed. Additionally, Appellant has failed to cite any obvious error in our Opinion, or bring to our attention any issue that we failed to consider or did not consider fully but should have.

JUDGE CHERYL L. WAITE

JUDGE CAROL ANN ROBB

JUDGE MARK A. HANNI

NOTICE TO COUNSEL

This document constitutes a final judgment entry.