Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when none of the issues raised by appellant demonstrates violations of counsel's essential duties.
.]
THE STATE OF OHIO, APPELLEE, v. TIMMONS, APPELLANT.
[Cite as State v. Timmons,
1994-Ohio-52
.]
Appellate procedure—App.R. 26(B)—Application for reopening appeal from
judgment of conviction based on claim of ineffective assistance of appellate
counsel—Application denied when none of the issues raised by appellant
demonstrates violations of counsel's essential duties.
(No. 94-1321—Submitted August 17, 1994—Decided November 9, 1994.)
APPEAL from the Court of Appeals for Pickaway County, No. 80 CA 26.
__________________
{¶ 1} Appellant, Wayne A. Timmons, alleges he was convicted of
complicity to commit aggravated murder and sentenced to life imprisonment in
1980. He appealed, and the court of appeals affirmed the conviction by judgment
entry of September 21, 1983. He eventually applied to the court of appeals under
App. R. 26(B) to reopen the appeal from the judgment of conviction and sentence,
alleging ineffective assistance of appellate counsel. On June 1, 1994, the court of
appeals held that none of the issues raised by appellant demonstrated violations of
counsel's essential duties or prejudiced appellant's appeal, citing State v. Nicholas
(1993),
, and denied the application.
{¶ 2} Appellant appeals the denial to this court.
__________________
P. Randall Knece, Pickaway County Prosecuting Attorney, for appellee.
Wayne A. Timmons, pro se.
__________________
Per Curiam.
{¶ 3} The decision of the court of appeals is affirmed for the reasons stated
therein.
SUPREME COURT OF OHIO
Judgment affirmed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY
and PFEIFER, JJ., concur.
__________________
2
