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1996 Ohio 28

State v. Mosley

Ohio Supreme Court

Decided April 17, 1996

Ohio Supreme Court · decided 1996-04-17

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant's claims are not well taken.

Relies on State ex rel. Higginbotham v. Lorain Cty. Court of Common Pleas · 75 Ohio St. 3d 429 - State v. Mosley

Decided 1996-04-17

[This opinion has been published in Ohio Official Reports at 
75 Ohio St.3d 429
.]




            THE STATE OF OHIO, APPELLEE, v. MOSLEY, APPELLANT.
                       [Cite as State v. Mosley, 
1996-Ohio-28
.]
Appellate procedure—Application for reopening appeal from judgment and
         conviction based on claim of ineffective assistance of appellate counsel—
         Application denied when applicant’s claims are not well taken.
     (No. 95-2589—Submitted February 20, 1996—Decided April 17, 1996.)
  APPEAL from the Court of Appeals for Franklin County, No. 94APA12-1707.
                                  __________________
        {¶ 1} Appellant, Mark H. Mosley, was convicted of felonious assault on
November 9, 1994 and was sentenced to a term of imprisonment. Upon appeal, the
conviction was affirmed. State v. Mosley (July 13, 1995), Franklin App. No.
94APA12-1707, unreported, 
1995 WL 422647
. Appellant’s appeal to this court
was later dismissed. State v. Mosley, (1995), 
74 Ohio St.3d 1475
, 
657 N.E.2d 788
.
        {¶ 2} Meanwhile, appellant timely filed an application for reopening before
the court of appeals pursuant to App. R.26(B), alleging ineffective assistance of
appellate counsel.      The court of appeals denied the application, finding that
appellant’s claims of ineffective asssistance of counsel were not well taken.
Appellant appeals that denial to this court.
                                  __________________
        Michael Miller, Franklin County Prosecuting Attorney, and Joyce S.
Anderson, Assistant Prosecuting Attorney, for appellee.
        Mark H. Mosley, pro se.
                                  __________________


        Per Curiam.
                               SUPREME COURT OF OHIO




          {¶ 3} We affirm the decision of the court of appeals for the reasons stated
in its memorandum decision.
                                                          Judgment affirmed.
          MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
          WRIGHT, J., not participating.
                                 __________________




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