Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not filed within ninety days of journalization of appellate judgment—App.R. 26(B)(1).
.]
THE STATE OF OHIO, APPELLEE, v. CARTER, APPELLANT.
[Cite as State v. Carter,
1994-Ohio-55
.]
Appellate procedure—Application for reopening appeal from judgment and
conviction based on claim of ineffective assistance of appellate counsel—
Application denied when not filed within ninety days of journalization of
appellate judgment—App.R. 26(B)(1).
(No. 94-1309—Submitted August 17, 1994—Decided November 9, 1994.)
APPEAL from the Court of Appeals for Hamilton County, No. C-890513.
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{¶ 1} Appellant Clarence Carter filed an application in the Court of Appeals
for Hamilton County under App. R. 26(B) to reopen the appeal from the judgment
of conviction and sentence under which he was convicted of aggravated murder
and sentenced to death, alleging ineffective assistance of appellate counsel. The
court of appeals denied the application, noting that it had been filed more than
ninety days after journalization of the appellate judgment. The court further held
that appellant had failed to show good cause for the untimely filing, specifically
holding that the fact that appellant was represented by the same counsel on direct
appeal to the court of appeals and this court did not establish good cause for filing
this application over one year after this court's decision.
{¶ 2} Appellant appealed to this court.
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Joseph T. Deters, Hamilton County Prosecuting Attorney, and L. Susan
Laker, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Ohio Public Defender, Linda E. Prucha and Joseph E.
Wilhelm, Assistant Public Defenders, for appellant.
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SUPREME COURT OF OHIO
Per Curiam.
{¶ 3} We affirm the decision of the court of appeals for the reasons stated
by the court of appeals.
Judgment affirmed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY
and PFEIFER, JJ., concur.
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