State v. Maxey

[Cite as State v. Maxey, 

.]


                              COURT OF APPEALS OF OHIO

                             EIGHTH APPELLATE DISTRICT
                                COUNTY OF CUYAHOGA

STATE OF OHIO,                                    :

                Plaintiff-Appellee,               :
                                                           No. 112981
                v.                                :

DERRICK MAXEY,                                    :

                Defendant-Appellant.              :


                               JOURNAL ENTRY AND OPINION

                JUDGMENT: APPLICATION DENIED
                RELEASED AND JOURNALIZED: July 25, 2025


                           Cuyahoga County Court of Common Pleas
                                 Case No. CR-22-668584-A
                                 Application for Reopening
                                     Motion No. 584767


                                            Appearances:

                Michael C. O’Malley, Cuyahoga County Prosecuting
                Attorney, and Chauncey Keller, Assistant Prosecuting
                Attorney, for appellee.

                Derrick Maxey, pro se.


ANITA LASTER MAYS, J.:

                   On May 27, 2025, the applicant, Derrick Maxey, pursuant to App.R.

26(B) and State v. Murnahan, 

 (1992), applied to reopen this

court’s judgment in State v. Maxey, 

 (8th Dist.), in which this court
affirmed his convictions for aggravated murder; felonious assault; and two counts

of murder. This application is nearly identical to the application Maxey filed on

July 8, 2024, that this court denied as untimely. The main difference between the

two is that Maxey now tries to establish good cause for his untimely filing in 2024.

He argues that he emailed his application to his sister with instructions to file it

timely. She told him that she had done so, but the application was filed five days

late.

               On June 26, 2025, the State filed its brief in opposition. For the

following reasons, this court denies the application.

               As the court explained in its July 26, 2024 entry, denying Maxey’s

first application, the failure of a courier to deliver an App.R. 26(B) application timely

does not state good cause for an untimely filing. State v. Winstead, 

 (1996); State v. Harris, 

 (8th Dist.); and State v. Miller, 2015-

Ohio-1535 (8th Dist.). Proffering a more detailed explanation of the courier’s failure

ten months later does not provide good cause.

               Furthermore, as the Supreme Court of Ohio held, there is no right to

file successive applications for reopening. Once ineffective assistance of counsel has

been raised and adjudicated, res judicata bars its relitigation. State v. Williams,

; State v. Twyford, 

; and State v. Slagle, 2002-

Ohio-6612.
           Accordingly, this court denies the application to reopen.


__________________________
ANITA LASTER MAYS, JUDGE

EILEEN A. GALLAGHER, A.J., and
DEENA R. CALABRESE, J., CONCUR