1996 OHIO 38 - State v. Sanders

[This opinion has been published in Ohio Official Reports at

75 Ohio St.3d 607

.]




            THE STATE OF OHIO, APPELLEE, v. SANDERS, APPELLANT.
                      [Cite as State v. Sanders,

1996-Ohio-38

.]
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 the existence of a
        colorable claim of ineffective assistance of appellate counsel.
         (No. 96-205—Submitted May 7, 1996—Decided June 19, 1996.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 67844.
                                  __________________
        {¶ 1} Appellant, John Sanders, Jr.,          was convicted on two counts of
aggravated robbery, and sentenced to terms of imprisonment. Upon appeal, the
convictions were affirmed. State v. Sanders (May 18, 1995), Cuyahoga App. No.
67844, unreported.
        {¶ 2} Subsequently, appellant 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 on December 12,
1995, and held that the doctrine of res judicata prohibited the reopening of his
original appeal, because appellant could have raised the issue of ineffective
assistance of appellate counsel on direct appeal to this court, but did not file such
an appeal. This appeal followed.
                                  __________________
        Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and
Sherry F. McCreary, Assistant Prosecuting Attorney, for appellee.
        David H. Bodiker, Ohio Public Defender, and Timi J. Townsend, Assistant
Public Defender, for appellant.
                                  __________________
                            SUPREME COURT OF OHIO




       Per Curiam.
       {¶ 3} We affirm the judgment of the court of appeals denying appellant’s
application for reopening. Appellant has failed to establish the existence of a
colorable claim of ineffective assistance of appellate counsel under Strickland v.
Washington (1984),

466 U.S. 668

104 S.Ct. 2052

80 L.Ed.2d 674

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




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