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1996 Ohio 86

State v. Brown

Ohio Supreme Court

Decided February 28, 1996

Ohio Supreme Court · decided 1996-02-28

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no colorable claim of ineffective assistance of appellate counsel shown.

Relies on 74 Ohio St. 3d 630 - State v. Brown

Decided 1996-02-28

[This opinion has been published in Ohio Official Reports at 
74 Ohio St.3d 630
.]




             THE STATE OF OHIO, APPELLEE v. BROWN, APPELLANT.
                       [Cite as State v. Brown, 
1996-Ohio-86
.]
Appellate procedure—Application for reopening appeal from judgment and
        conviction based on claim of ineffective assistance of appellate counsel—
        Application denied when no colorable claim of ineffective assistance of
        appellate counsel shown.
    (No. 95-2183—Submitted January 23, 1996—Decided February 28, 1996)
        APPEAL from the Court of Appeals for Lucas County, No L-82-297.
                                  __________________
        {¶ 1} In September 1982, appellant, Danny Brown, was convicted of
aggravated murder and sentenced to life imprisonment. The court of appeals
affirmed the conviction and sentence. State v. Brown (Sept. 16, 1983), Lucas App.
No. L-82-297, unreported, 
1983 WL 6945
.
        {¶ 2} It is agreed that in August 1995, appellant filed an application to
reopen his appeal under App.R. 26(B), alleging ineffective assistance of his
appellate counsel. In September 1995, the court of appeals denied his application,
finding that appellant “failed to show a colorable claim of ineffectiveness of
appellate counsel.” Appellant appeals that denial to this court.
                                  __________________
        Anthony G. Pizza, Lucas County Prosecuting Attorney, and Craig T.
Pearson, Assistant Prosecuting Attorney, for appellee.
        Danny Brown, pro se.
                                  __________________
        Per Curiam.
        {¶ 3} We affirm the decision of the court of appeals for the reasons stated
in its judgment entry.
                               SUPREME COURT OF OHIO




                                                         Judgment affirmed.
          MOYER, C.J., DOUGLAS, WRIGHT, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
          RESNICK, J., not participating.
                                 __________________




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