1995 OHIO 28 - State v. Cheren

[This opinion has been published in Ohio Official Reports at

73 Ohio St.3d 137

.]




             THE STATE OF OHIO, APPELLEE, v. CHEREN, APPELLANT.
                       [Cite as State v. Cheren,

1995-Ohio-28

.]
Appellate procedure—Successive applications for reopening appeal from judgment
        and conviction based on claim of ineffective assistance of appellate
        counsel—Application denied—App.R. 26(B) makes no provision for filing
        successive applications to reopen.
        (No. 95-427—Submitted June 6, 1995—Decided August 16, 1995.)
        APPEAL from the Court of Appeals for Summit County, No. 15752.
                                  __________________
        {¶ 1} Appellant, Oles Cheren, was convicted of abduction, attempted rape
and gross sexual imposition, and sentenced to incarceration. The court of appeals
affirmed the conviction and sentence of the trial court. State v. Cheren (July 21,
1993), Summit App. No. 15752, unreported,

1993 WL 278168

. According to
appellant, the court of appeals denied his first application to reopen pursuant to
App. R. 26(B) on September 14, 1993. A second application to reopen was denied
on December 2, 1994.          Appellant now appeals from the denial of his third
application to reopen.
                                  __________________
        Oles Cheren, pro se.
                                  __________________
        Per Curiam.
        {¶ 2} We held in State v. Peeples (1995),

73 Ohio St.3d 149

, 652N.E.2d
717, decided today, that a prisoner has no right to file successive applications for
reopening. Once ineffective assistance of counsel has been raised and adjudicated,
res judicata bars its relitigation. See State v. Perry (1967),

10 Ohio St.2d 175

39 O.O.2d 189

226 N.E.2d 104

. In this case, appellant has raised two prior claims of
                               SUPREME COURT OF OHIO




ineffective assistance of counsel in his prior applications to reopen. This court has
already determined appellant's counsel was effective. State v. Cheren (1995),

73 Ohio St.3d 138

652 N.E.2d 708

, decided today. The judgment of the court of
appeals is therefore affirmed.
                                                                Judgment affirmed.
          MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ.,
concur.
          COOK, J., not participating.
                                 __________________




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