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1996 Ohio 12

State v. Ibraheem

Ohio Supreme Court

Decided January 10, 1996

Ohio Supreme Court · decided 1996-01-10

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 court of appeals' decision affirming the conviction, as required by App.R. 26(B).

Relies on 74 Ohio St. 3d 276 - State v. Ibraheem

Decided 1996-01-10

[This opinion has been published in Ohio Official Reports at 
74 Ohio St.3d 276
.]




THE STATE OF OHIO, APPELLEE, v. IBRAHEEM, A.K.A. CHAMBERS, APPELLANT.
                     [Cite as State v. Ibraheem, 
1996-Ohio-12
.]
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 court of
        appeals’ decision affirming the conviction, as required by App.R. 26(B).
   (No. 95-1145—Submitted September 26, 1995—Decided January 10, 1996.)
      APPEAL from the Court of Appeals for Franklin County, No. 79AP-693.
                                  __________________
        {¶ 1} Appellant, Abdullah Ibraheem, a.k.a. Robert A. Chambers, was
convicted of aggravated murder, and the conviction was affirmed on appeal. State
v. Chambers (May 6, 1980), Franklin App. No. 79AP-693, unreported. Almost
fifteen years later, appellant filed an application to reopen his appeal for ineffective
assistance of appellate counsel, citing numerous instances of trial counsel’s
ineffectiveness and a few other issues. The court of appeals found no good cause
to allow the untimely application and denied the application. Appellant has
appealed the denial to this court.
                                  __________________
        Michael Miller, Franklin County Prosecuting Attorney, and Joyce S.
Anderson, Assistant Prosecuting Attorney, for appellee.
        Abdullah Ibraheem, pro se.
                                  __________________
                             SUPREME COURT OF OHIO




       Per Curiam.
       {¶ 2} Appellant makes no attempt to show good cause for such a late
application. Accordingly, the judgment of the court of appeals is affirmed for the
reasons stated in its opinion.
                                                              Judgment affirmed.
       DOUGLAS, ACTING C.J., WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
       MOYER, C.J., not participating.
                                 __________________




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