State v. Carter - 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. Carter, Appellant.
[Cite as State v. Carter (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
not filed within ninety days of journalization of
appellate judgment -- App.R. 26(B)(1).
(No. 94-1309 -- Submitted August 17, 1994 -- Decided
November 9, 1994.)
Appeal from the Court of Appeals for Hamilton County, No.
C-890513.
Appellant Clarence Carter filed an application in the
Court of Appeals for Hamilton County under App. R. 26(B) to
reopen the appeal from the judgment of conviction and sentence
under which he was convicted of aggravated murder and sentenced
to death, alleging ineffective assistance of appellate
counsel. The court of appeals denied the application, noting
that it had been filed more than ninety days after
journalization of the appellate judgment. The court further
held that appellant had failed to show good cause for the
untimely filing, specifically holding that the fact that
appellant was represented by the same counsel on direct appeal
to the court of appeals and this court did not establish good
cause for filing this application over one year after this
court's decision.
Appellant appealed to this court.

Joseph T. Deters, Hamilton County Prosecuting Attorney,
and L. Susan Laker, Assistant Prosecuting Attorney, for
appellee.
David H. Bodiker, Ohio Public Defender, Linda E. Prucha
and Joseph E. Wilhelm, Assistant Public Defenders, for
appellant.

Per Curiam. We affirm the decision of the court of
appeals for the reasons stated by the court of appeals.
Judgment affirmed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.