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

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OPINIONS OF THE SUPREME COURT OF OHIO

**** SUBJECT TO FURTHER EDITING ****

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1992, pursuant to a pilot project implemented by Chief Justice
Thomas J. Moyer.
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The State of Ohio, Appellee, v. Spaulding, Appellant.
[Cite as State v. Spaulding (1994), Ohio St.3d .]
Appellate procedure -- Application for reopening appeal from
judgment and conviction based on claim of ineffective
assistance of appellate counsel -- Application denied when
filed more than ninety days after effective date of App.R.
26(B).
(No. 94-1474 -- Submitted October 24, 1994 -- Decided
December 20, 1994.)
Appeal from the Court of Appeals for Summit County, No.
14408.
Appellant, John Spaulding, was convicted of aggravated
robbery in 1989. He appealed, and the court of appeals affirmed
the conviction. State v. Spaulding (June 27, 1990), Summit
App. No. 14408, unreported. In 1994, he applied to the court of
appeals under App. R. 26(B) to reopen the appeal from the
judgment of conviction, alleging ineffective assistance of
appellate counsel. The court of appeals denied the application
on the basis that it was filed more than ninety days after the
July 1, 1993 effective date of App. R. 26(B) and appellant had
not shown good cause for the delay. Appellant appeals the
denial to this court.

Lynn C. Slaby, Summit County Prosecuting Attorney, and
William D. Wellemeyer, Assistant Prosecuting Attorney, for
appellee.
John Spaulding, pro se.

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