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

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OPINIONS OF THE SUPREME COURT OF OHIO
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1992, pursuant to a pilot project implemented by Chief Justice
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The State of Ohio, Appellee, v. Kinney, Appellant.
[Cite as State v. Kinney (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. 95-523 -- Submitted May 23, 1995 -- Decided August 9,
1995.)
Appeal from the Court of Appeals for Hamilton County, No.
C-73373.
Appellant, Jack Kinney, was convicted of murder in the
first degree and the crimes of shooting to kill and to wound.
The court of appeals affirmed the convictions and sentences.
State v. Kinney (May 20, 1974), Hamilton App. No. C-73373,
unreported. On November 17, 1994, Kinney 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 due to
Kinney's failure to show good cause for filing his application
more than ninety days after the court's 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 Phillip R. Cummings, Assistant Prosecuting Attorney, for
appellee.
Jack Kinney, pro se.

Per Curiam. We affirm the decision 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.