2
The State of Ohio, Appellee, v. Van Hook, Appellant.
[Cite as State v. Van Hook (1994), ___ Ohio St.3d ___.]
Motion for delayed reinstatement of appeal denied.
(No. 87-1159 — Submitted August 17, 1994 — Decided October 19,
1994.)
On Motion for Delayed Reinstatement of Appeal.
Appellant, Robert Van Hook, was convicted of aggravated
murder and sentenced to death. On direct appeal as of right, the
court of appeals affirmed the conviction and sentence. State v.
Van Hook (May 13, 1987), Hamilton App. No. C-850565, unreported,
1987 WL 11202. In 1987, Van Hook filed an appeal as of right in
this court, and we also affirmed. State v. Van Hook (1988),
39
Ohio St.3d 256,
530 N.E.2d 883, rehearing denied (1988),
40 Ohio
St.3d 711,
534 N.E.2d 851, certiorari denied (1989),
489 U.S.
1100,
109 S.Ct. 1578,
103 L.Ed.2d 994, rehearing denied (1989),
490 U.S. 1077,
109 S.Ct. 2094,
104 L.Ed.2d 657. Van Hook then
petitioned the trial court for collateral post-conviction relief;
that petition was denied, and the court of appeals affirmed the
denial. State v. Van Hook (Oct. 21, 1992), Hamilton App. No. C-
910505, unreported,
1992 WL 308350, jurisdictional motion
overruled (1993),
66 Ohio St.3d 1440,
608 N.E.2d 1085, rehearing
denied (1993),
66 Ohio St.3d 1470,
611 N.E.2d 328. Next, Van Hook
filed a motion for delayed reconsideration of his direct appeal
in the court of appeals, pursuant to App.R. 26(B), claiming that
he had lacked effective assistance of counsel when that court
had first considered his case in 1987. (See State v. Murnahan
[1992],
63 Ohio St.3d 60,
584 N.E.2d 1204.) The court of appeals
denied reconsideration, State v. Van Hook (Feb. 22, 1994),
Hamilton App. No. C-850565, unreported, and we affirmed that
judgment, State v. Van Hook (1994),
69 Ohio St.3d 1448,
633
N.E.2d 542, rehearing denied (1994),
70 Ohio St.3d 1411,
637
N.E.2d 9. Van Hook now claims that he lacked effective
assistance of counsel in his 1987 direct appeal to this court,
and therefore asks us to reinstate his direct appeal under
S.Ct.Prac.R. XI(1)(B).
We deny the motion. Van Hook's 1987 appeal to this court
was not a first appeal as of right; therefore, he had no
constitutional right to counsel, hence no constitutional right to
effective assistance. See State v. Buell (1994), 70 Ohio St.3d
1211,
639 N.E.2d 110.
Motion denied.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.
