State v. Jackson - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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OPINIONS OF THE SUPREME COURT OF OHIO
The full texts of the opinions of the Supreme Court of
Ohio are being transmitted electronically beginning May 27,
1992, pursuant to a pilot project implemented by Chief Justice
Thomas J. Moyer.
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The State of Ohio, Appellee, v. Jackson, Appellant.
[Cite as State v. Jackson (1994), Ohio St.3d .]
Appellate procedure -- Application for reopening appeal from
judgment of conviction based on claim of ineffective
assistance of appellate counsel -- Application denied when
not filed within ninety days of journalization of
appellate judgment as required by App.R. 26(B)(2)(b).
(No. 94-1487 Submitted October 11, 1994 -- Decided
December 7, 1994.)
Appeal from the Court of Appeals for Hamilton County, No.
C-910298.
Appellant, Ishmael Jackson, alleges he was convicted of
two counts of felonious assault on a police officer with a gun
specification, trafficking in cocaine, and drug abuse. He
appealed, and the court of appeals affirmed the conviction by
judgment entry of August 5, 1992. Appellant's motion for leave
to appeal to this court was overruled. State v. Jackson
(1993), 65 Ohio St.3d 1489, 605 N.E.2d 390. He applied to the
court of appeals to reopen the appeal from the judgment of
conviction, alleging ineffective assistance of appellate
counsel pursuant to App. R. 26(B). The court of appeals denied
the application on the basis that appellant failed to show good
cause for filing the application more than ninety days after
the court of appeals' judgment was journalized, as required by
App. R. 26(B)(2)(b). Appellant appeals the denial to this
court.

Joseph T. Deters, Hamilton County Prosecuting Attorney,
and L. Susan Baker, Assistant Prosecuting Attorney, for
appellee.
Ishmael Jackson, pro se.

Per Curiam. The decision of the court of appeals is
affirmed for the reasons stated therein.
Judgment affirmed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.