State v. Mullins

[This opinion has been published in Ohio Official Reports at 

.]




            THE STATE OF OHIO, APPELLEE, v. MULLINS, APPELLANT.
                      [Cite as State v. Mullins, 

.]
Appellate procedure—Application for reopening appeal from judgment and
        conviction based on claim of ineffective assistance of appellate counsel—
        Application denied when issue was reviewed in applicant’s direct appeal
        and found to be without merit.
         (No. 96-316—Submitted May 21, 1996—Decided July 24, 1996.)
      APPEAL from the Court of Appeals for Pickaway County, No. 89CA27.
                                  __________________
        {¶ 1} Appellant, Herbert E. Mullins, was convicted in August 1989 on
charges of felonious assault and carrying a concealed weapon. Appellant was
thereafter sentenced to an indefinite term of imprisonment. Upon appeal, the
convictions were affirmed. State v. Mullins (Jan. 9, 1991), Pickaway App. No.
89CA27, unreported.
        {¶ 2} On September 25, 1995, appellant filed an application for reopening
his appeal before the court of appeals pursuant to App.R. 26(B), alleging ineffective
assistance of appellate counsel. Appellant asserted that appellate counsel failed to
raise specific instances of trial counsel’s ineffectiveness. However, the court of
appeals denied the application on several grounds, including its finding that the
issue of ineffective assistance of trial counsel was reviewed in appellant’s direct
appeal and was found to be without merit. Therefore, the court of appeals held its
prior decision to be res judicata on the issue of ineffective assistance of trial
counsel. The court of appeals then reviewed the merits of appellant’s claim of
ineffective assistance of appellate counsel, and denied the claim under the tests
established in Strickland v. Washington (1984), 

, 

, 80
                             SUPREME COURT OF OHIO




L.Ed.2d 674, and State v. Bradley (1989), 

, 

.
Appellant appeals that denial to this court.
                               __________________
       Alan F. Sedlak, Pickaway County Assistant Prosecuting Attorney, for
appellee.
       Ralph S. Silvestri, Jr., for appellant.
                               __________________
       Per Curiam.
       {¶ 3} We affirm the judgment of the court of appeals for the reasons stated
in its decision and judgment entry.
                                                           Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
STRATTON, JJ., concur.
                               __________________




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