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73 Ohio St. 3d 149

State v. Peeples

Ohio Supreme Court

Decided August 16, 1995

Ohio Supreme Court · decided 1995-08-16

Relies on State v. Reddick

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-16

How this case has been cited

Cited by 22 later decisions — most recently December 2023

22 state decisions

1001995200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1On appeal, appellant argues that he was denied due process of law because his application for delayed reconsideration under App.R. 26(A) was considered by the court of appeals as an application to reopen pursuant to App.R. 26(B). We disagree. Since July 1, 1993, App.R. 26(B) has provided a specific remedy for claims of ineffective assistance of appellate counsel. App.R. 26(A) coupled with App.R. 14(B) is a nonspecific remedy. Moreover, both types of applications require a showing of good cause for delay in filing. State v. Reddick (1995), 72 Ohio St.3d 88, 647 N.E.2d 784. As it has been almost seven years since the decision on appellant’s direct appeal, good cause for delay was a requirement for consideration by the court under either procedure. Appellant failed to show good cause.

¶2Moreover, we find that App.R. 26(B) makes no provision for filing successive applications to reopen. Accordingly, the court of appeals did not err or abuse its discretion when it summarily dismissed appellant’s second application to reopen.

¶3The judgment of the court of appeals is therefore affirmed.

¶4Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.
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