State v. Chubb - 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. Chubb, Appellant.
[Cite as State v. Chubb (1995), 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
applicant fails to establish good cause for failing to
file his application within ninety days after
journalization of the appellate judgment as required by
App.R. 26(B)(2)(b).
(No. 95-227 -- Submitted April 24, 1995 -- Decided August
16, 1995.)
Appeal from the Court of Appeals for Franklin County, No.
93AP-172.
Appellant, Creedon D. Chubb, was convicted of rape,
abduction and burglary. Appellant was sentenced to from ten to
twenty-five years' imprisonment for rape, from four to ten
years' imprisonment for abduction and to one-and-a-half years
imprisonment for burglary. The court of appeals affirmed the
convictions and sentences. State v. Chubb (Oct. 19, 1993),
Franklin App. No. 93AP-172, unreported. Appellant then
appealed to this court. We denied leave to appeal and
dismissed appellant's claimed appeal of right for lack of a
substantial constitutional question. State v. Chubb (1994), 69
Ohio St.3d 1427, 631 N.E.2d 638. It is undisputed that on
September 12, 1994, Chubb filed with the court of appeals an
application to reopen his appeal under App. R. 26(B), alleging
ineffective assistance of his appellate counsel. The court of
appeals denied the application, finding no good cause for
appellant's filing of the application over seven months after
the ninety-day deadline required by App. R.26(B)(2)(b).
Additionally, the court of appeals found that the speedy-trial
claim underlying appellant's ineffective-counsel claims lacked
merit. Appellant appeals the denial to this court.

Michael Miller, Franklin County Prosecuting Attorney, and
Stephen L. Taylor, Assistant Prosecuting Attorney, for appellee.
Creedon D. Chubb, pro se.

Per Curiam. We affirm the judgment of the court of
appeals for the reasons stated in its opinion.
Judgment affirmed.
Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney,
Pfeifer and Cook, JJ., concur.