Public-domain · open source
OpenJurist

1996 Ohio 22

State v. Pearce

Ohio Supreme Court

Decided February 14, 1996

Ohio Supreme Court · decided 1996-02-14

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 allege or demonstrate any specific deficiencies in the performance of appellate counsel.

Relies on 74 Ohio St. 3d 533 - State v. Pearce

Decided 1996-02-14

[This opinion has been published in Ohio Official Reports at 
74 Ohio St.3d 533
.]




             THE STATE OF OHIO, APPELLEE v. PEARCE, APPELLANT.
                       [Cite as State v. Pearce, 
1996-Ohio-22
.]
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 allege or demonstrate any
        specific deficiencies in the performance of appellate counsel.
   (No. 95-1583—Submitted December 5, 1995—Decided February 14, 1996.)
     APPEAL from the Court of Appeals for Franklin County, No. 92AP-1761.
                                  __________________
        {¶ 1} Appellant, James R. Pearce, was convicted of kidnapping, gross
sexual imposition and attempted gross sexual imposition, and sentenced to terms of
imprisonment. The court of appeals affirmed the convictions and sentence. State
v. Pearce (May 6, 1993), Franklin App. No. 92AP-1761, unreported, 
1993 WL 150501
, appeal dismissed, 
67 Ohio St.3d 1479
, 
620 N.E.2d 852
.
        {¶ 2} Subsequently,       appellant     filed   an    application     for   delayed
reconsideration pursuant to App.R. 26 and 14(B). The court of appeals denied the
application, finding that appellant failed “to allege or demonstrate any specific
deficiencies in the performance of appellate counsel.” Appellant appeals that denial
to this court.
                                  __________________
        James R. Pearce, pro se.
                                  __________________
        Per Curiam.
        {¶ 3} We affirm the decision of the court of appeals for the reason stated in
its memorandum decision.
                                                                    Judgment affirmed.
                         SUPREME COURT OF OHIO




       MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
                           __________________




                                    2

/1996/ohio/22 · .json · Public domain