OPINIONS OF THE SUPREME COURT OF OHIO
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The State of Ohio, Appellee, v. Buell, Appellant.
[Cite as State v. Buell (1994), Ohio St.3d .]
Motion for delayed reinstatement of appeal denied.
(No. 85-712 -- Submitted July 27, 1994 -- Decided
September 28, 1994.)
David H. Bodiker, Ohio Public Defender, Randall L. Porter
and J. Joseph Bodine, Jr., Assistant Public Defenders, for
appellant.
On Motion for Delayed Reinstatement of Appeal.
Appellant, Robert Buell, was convicted of aggravated
murder and sentenced to death in 1984. On direct appeal as of
right, the court of appeals affirmed the conviction and
sentence. State v. Buell (Apr. 11, 1985), Cuyahoga App. No.
48621, unreported. Buell then appealed as of right to this
court, and we also affirmed. State v. Buell (1986). 22 Ohio
St.3d 124, 22 OBR 203,
489 N.E.2d 795, certiorari denied
(1986),
479 U.S. 871,
107 S.Ct. 240,
93 L.Ed.2d 165. Buell
then petitioned the trial court for collateral postconviction
relief; that petition was denied, and the court of appeals
affirmed the denial. State v. Buell (Aug. 22, 1991), Cuyahoga
App. No. 57197, unreported. We denied review of that judgment
on January 29, 1992. State v. Buell (1992),
62 Ohio St.3d
1508,
583 N.E.2d 1320. Next, Buell filed a motion for delayed
reconsideration of his direct appeal in the court of appeals,
pursuant to App.R.26 and 14(B), claiming that he had been
denied effective assistance of counsel when the court of
appeals first considered his case in 1985. (See State v.
Murnahan [1992],
63 Ohio St.3d 60,
584 N.E.2d 1204.) The court
of appeals denied reconsideration, State v. Buell (Sept. 21,
1992), Cuyahoga App. No. 31875, unreported, and we affirmed
that judgment on November 17, 1993. State v. Buell (1993),
67
Ohio St.3d 1500,
622 N.E.2d 649. Buell now claims that he did
not receive the effective assistance of counsel in his 1986
direct appeal to this court, and for that reason asks us to
reinstate his direct appeal pursuant to S.Ct.Prac.R. XI,
Section 1(B).
We deny the motion. Buell's 1986 appeal to this court was
his second appeal. "[T]he right to appointed counsel extends
to the first appeal as of right, and no further." (Emphasis
added.) Pennsylvania v. Finley (1987), 481 U.S. 551, 555,
107
S.Ct. 1990, 1993,
95 L.Ed.2d 539, 545. See, also, Evitts v.
Lucey (1985),
469 U.S. 387, 394,
105 S.Ct. 830, 834-835,
83
L.Ed.2d 821, 828. Having no constitutional right to counsel on
a second appeal, Buell had no constitutional right to the
effective assistance of counsel. See Wainwright v. Torna
(1982),
455 U.S. 586, 587-588,
102 S.Ct. 1300, 1301,
71 L.Ed.2d
475, 477-478;
Evitts, supra,469 U.S. at 397,
105 S.Ct. at 836,
83 L.Ed.2d at 830, fn.7.
Motion denied.
Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney
and Pfeifer, JJ., concur.
Wright, J., concurs in judgment only.
