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 appellate judgment.
.]
THE STATE OF OHIO, APPELLEE, V. PATTERSON, APPELLANT.
[Cite as State v. Patterson,
1996-Ohio-3
.]
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 appellate
judgment.
(No. 95-2339—Submitted February 20, 1996—Decided April 10, 1996.)
APPEAL from the Court of Appeals for Lucas County, No. L-84-328.
__________________
{¶ 1} In 1984, appellant, Larry Patterson, was convicted of aggravated
murder and sentenced to imprisonment. The court of appeals affirmed the
conviction. State v. Patterson (Apr. 26, 1985), Lucas App. No. L-84-328,
unreported,
1985 WL 7109
.
{¶ 2} In September 1995, Patterson filed with the court of appeals an
application to reopen his appeal under App.R. 26(B), alleging ineffective assistance
of his appellate counsel. In October 1995, the court of appeals denied the
application, finding that appellant had failed to show good cause for filing his
application more than ten years after the original judgment on appeal. Appellant
appeals the denial to this court.
___________________
Anthony G. Pizza, Lucas County Prosecuting Attorney, and Craig T.
Pearson, Assistant Prosecuting Attorney, for appellee.
Larry Patterson, pro se.
___________________
SUPREME COURT OF OHIO
Per Curiam.
{¶ 3} We affirm the decision of the court of appeals for the reason stated in
its decision.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
WRIGHT, J., not participating.
__________________
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