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 establish good cause for failing to file his application within ninety days after journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B).
.]
THE STATE OF OHIO, APPELLEE, v. ODEN, APPELLANT.
[Cite as State v. Oden,
1996-Ohio-11
.]
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 establish good cause for failing
to file his application within ninety days after journalization of the court
of appeals’ decision affirming the conviction, as required by App.R. 26(B).
(No. 95-1052—Submitted September 12, 1995—Decided January 10, 1996.)
APPEAL from the Court of Appeals for Summit County, No. 13869.
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{¶ 1} Appellant, Master Chaunce’ Oden, was convicted of aggravated
burglary with a prior aggravated felony specification and sentenced accordingly.
The Court of Appeals for Summit County affirmed the conviction. State v. Oden
(May 3, 1989), Summit App. No. 13869, unreported.
{¶ 2} On March 7, 1994, appellant filed an application for reopening
pursuant to App. R. 26(B), alleging as good cause for failure to file within ninety
days after journalization of the appellate judgment as required by App.R.
26(B)(2)(b), that he was pursuing various appeals and collateral attacks on the
judgment instead, and that the riots at the Southern Ohio Correctional Institute also
impeded his ability to file a timely application. The court of appeals denied the
application, finding that appellant failed to file the application in a timely manner,
rejecting the stated reasons for good cause. This appeal followed.
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Maureen O’Connor, Summit County Prosecuting Attorney, and William
D. Wellemeyer, Assistant Prosecuting Attorney, for appellee.
Master Chaunce’ Oden, pro se.
SUPREME COURT OF OHIO
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Per Curiam.
{¶ 3} We affirm the judgment 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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