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73 Ohio St. 3d 152

State v. Tucker

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 19 later decisions — most recently December 2021

19 state decisions

1101995200020102020decided

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.

¶1We affirm the judgment of the court of appeals for the following reasons. App.R. 26(B) provides that applications to reopen in the court of appeals must be filed within ninety days of journalization of the appellate *153judgment sought to be reopened unless good cause for the delay is shown. Appellant contends that his application was delayed because the prison library did not have a new volume of Rules of Appellate Procedure immediately after App.R. 26 took effect. He also argues that he was ineffective acting as his own counsel pro se, on direct appeal.

¶2In State v. Reddick (1995), 72 Ohio St.3d 88, 90, 647 N.E.2d 784, 786, we indicated that procedures to reopen appeals existed before July 1, 1993, the effective date of App.R. 26(B). Accordingly, we do not find good cause because a volume of appellate rules was not immediately available in the prison law library.

¶3The judgment of the court of appeals is affirmed based on State v. Reddick, supra.

¶4Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick and F.E. Sweeney, JJ., concur.Pfeifer, J., dissents.Cook, J., not participating.
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