State v. KoreislState v. Koreisl
Trumbull County Correctional Inst.
5701 Burnett
Leavittsburg, OH 44430
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: Pinkey S. Carr
Asst. County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
MARY EILEEN KILBANE, J.:
{¶ 1} Mark Koreisl has filed an application for reopening pursuant to
{¶ 2}
{¶ 3} “We now reject [applicant’s] claim that those excuses gave him good cause to miss the 90-day deadline in
{¶ 4} “Ohio and other states ‘may erect reasonable procedural requirements for triggering the right to an adjudication,’ Logan v. Zimmerman Brush Co. (1982), 455 U.S. 422, 437, 102 S.Ct. 1148, 71 L.Ed.2d 265, and that is what Ohio has done by creating a 90-day deadline for the filing of applications to reopen. [Applicant] could have retained new attorneys after the court of appeals issued its decision in 1994, or he could have filed the application on his own. What he could not do was ignore the rule’s filing deadline. * * * The 90-day requirement in the rule is ‘applicable to all appellants,’ State v. Winstead (1996), 74 Ohio St.3d 277, 278, 658 N.E.2d 722, and Gumm offers no sound reason why he – unlike so many other Ohio criminal defendants – could not comply with that fundamental aspect of the rule.” (Emphasis added.) State v. Gumm, 103 Ohio St.3d 162, 2004-Ohio-4755, 814 N.E.2d 861, at ¶7.
{¶ 5} See, also, State v. LaMar, 102 Ohio St.3d 467, 2004-Ohio-3976, 812 N.E.2d 970; State v. Cooey, 73 Ohio St.3d 411, 1995-Ohio-328, 653 N.E.2d 252; State v. Reddick, 72 Ohio St.3d 88, 1995-Ohio-249, 647 N.E.2d 784.
{¶ 6} Herein, Koreisl is attempting to reopen the appellate judgment that was journalized on March 19, 2009. The application for reopening was not filed until November 3, 2011, more than 90 days after journalization of the appellate judgement in State v. Koreisl, supra. In an attempt to establish “good cause” for the untimely filing of his application for reopening, Koreisl argues that he relied upon appellate counsel and was unable to obtain his appellate file. Koreisl, however, has failed to raise or establish “good cause” for the untimely filing of his application for reopening.
{¶ 7} “Good cause” does not include reliance upon appellate counsel, difficulty in obtaining a transcript, and limited access to legal materials. State v. Hudson, Cuyahoga App. No. 91803, 2009-Ohio-6454, reopening disallowed, 2010-Ohio-2979, Motion No. 434149. In addition, lack of knowledge or ignorance of the time constraint, applicable to an application for reopening per
{¶ 8} The failure to establish “good cause” mandates that this court deny the application for reopening. State v. White (Jan. 31, 1991), Cuyahoga App. No. 57944, reopening disallowed (Oct. 19, 1994), Motion No. 249174; State v. Allen (Nov. 3, 1994), Cuyahoga App. No. 65806, reopening disallowed (July 8, 1996), Motion No. 267054. See, also, State v. Moss (May 13, 1993), Cuyahoga App. Nos. 62318 and 62322, reopening disallowed (Jan. 16, 1997), Motion No. 275838; State v. McClain (Aug. 3, 1995), Cuyahoga App. No. 67785, reopening disallowed (Apr. 15, 1997), Motion No. 276811; State v. Russell (May 9, 1996), Cuyahoga App. No. 69311, reopening disallowed (June 16, 1997), Motion No. 282351.
{¶ 9} Accordingly, Koreisl’s application for reopening is denied.
MARY EILEEN KILBANE, PRESIDING JUDGE
LARRY A. JONES, J., and
EILEEN A. GALLAGHER, J., CONCUR