Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failing to file his application within ninety days after journalization of the appellate judgment, and applicant fails to raise a colorable claim of ineffective assistance of appellate counsel.
.]
THE STATE OF OHIO, APPELLEE, v. HACKNEY, APPELLANT.
[Cite as State v. Hackney,
1995-Ohio-316
.]
Appellate procedure—Application for reopening appeal from judgment and
conviction based on claim of ineffective assistance of appellate counsel—
Application denied when applicant fails to show good cause for failing to
file his application within ninety days after journalization of the appellate
judgment, and applicant fails to raise a colorable claim of ineffective
assistance of appellate counsel.
(No. 95-636—Submitted June 21, 1995—Decided August 23, 1995.)
APPEAL from the Court of Appeals for Clermont County, No. CA92-12-118.
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{¶ 1} Appellant, James R. Hackney, was convicted of five counts of gross
sexual imposition and one count of intimidation of a crime victim and sentenced
accordingly. The Court of Appeals for Clermont County affirmed the judgment of
the trial court. State v. Hackney (Aug. 30, 1993), Clermont Cty. App. No. CA92-
12-118, unreported, jurisdictional motion overruled (1994),
.
{¶ 2} Fifteen months later, on February 13, 1995, appellant filed an
application to reopen pursuant to App. R. 26(B). The court of appeals denied the
application based on untimely delay in filing without good cause shown, and failure
to raise a colorable claim of ineffective assistance of appellate counsel. This appeal
followed.
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Donald W. White, Clermont County Prosecuting Attorney, and David Henry
Hoffmann, Assistant Prosecuting Attorney, for appellee.
James R. Hackney, pro se.
SUPREME COURT OF OHIO
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Per Curiam.
{¶ 3} We affirm the decision of the court of appeals for the reasons stated
in its judgment entry.
Judgment affirmed.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
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