State v. Sanders
1996 Ohio 38
Ohio
1996
Check Treatment

THE STATE OF OHIO, APPELLEE, v. SANDERS, APPELLANT.

No. 96-205

Supreme Court of Ohio

June 19, 1996

75 Ohio St.3d 607 | 1996-Ohio-38

Submitted May 7, 1996

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish the existence of a colorable claim of ineffective assistance of appellate counsel.

(No. 96-205—Submitted May 7, 1996—Decided June 19, 1996.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 67844.

{¶ 1} Appellant, John Sanders, Jr., was convicted on two counts of aggravated robbery, and sentenced to terms of imprisonment. Upon appeal, the convictions were affirmed. .

{¶ 2} Subsequently, appellant filed an application for reopening before the court of appeals pursuant to App. R. 26(B), alleging ineffective assistance of appellate counsel. The court of appeals denied the application on December 12, 1995, and held that the doctrine of res judicata prohibited the reopening of his original appeal, because appellant could have raised the issue of ineffective assistance of appellate counsel on direct appeal to this court, but did not file such an appeal. This appeal followed.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Sherry F. McCreary, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, Ohio Public Defender, and Timi J. Townsend, Assistant Public Defender, for appellant.

Per Curiam.

{¶ 3} We affirm the judgment of the court of appeals denying appellant‘s application for reopening. Appellant has failed to establish the existence of a colorable claim of ineffective assistance of appellate counsel under .

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.