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 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. HARRIS, APPELLANT.
[Cite as State v. Harris,
1996-Ohio-14
.]
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 within ninety days after journalization of the court of appeals’
decision affirming the conviction, as required by App.R. 26(B).
(No. 95-1373—Submitted October 24, 1995—Decided January 10, 1996.)
APPEAL from the Court of Appeals for Summit County, No. 11208.
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{¶ 1} Appellant, Stanford L. Harris, was convicted of two counts of
aggravated robbery in 1983. This conviction was affirmed on appeal. State v.
Harris (Nov. 23, 1983), Summit App. No. 11208, unreported,
1983 WL 3928
.
{¶ 2} Over eleven years later, on May 23, 1995, appellant filed an
application for reopening pursuant to App. R. 26(B). The court of appeals denied
the application as untimely without good cause shown. State v. Harris (June 20,
1995), Summit App. No. 11208, unreported. This appeal followed.
__________________
Maureen O’Connor, Summit County Prosecuting Attorney, and William
D. Wellemeyer, Assistant Prosecuting Attorney, for appellee.
Stanford L. Harris, pro se.
__________________
Per Curiam.
{¶ 3} We affirm the decision of the court of appeals for the reasons stated
in its opinion.
Judgment affirmed.
SUPREME COURT OF OHIO
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
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