State v Laguta - 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. Laguta, Appellant.
[Cite as State v Laguta (1995), Ohio St. 3d .]
Appellate procedure -- Application for reopening appeal from
judgment and conviction based on claim of ineffective
assistance of trial and appellate counsel -- Application
denied when issues raised are res judicata.
(No. 94-2411--Submitted February 7, 1995 -- Decided
May 24, 1995.)
Appeal from the Court of Appeals for Cuyahoga County, No.
63469.
According to the court of appeals' opinion, appellant,
George A. Laguta, was convicted of felonious assault and rape.
He appealed, and the court of appeals affirmed the
convictions. State v. Laguta (Sept. 16, 1993), Cuyahoga App.
No. 63469, unreported. He subsequently attempted to reopen
that judgment pursuant to App. R. 26 (B), according to the
court of appeals, arguing that both his trial and appellate
counsel were ineffective. The court of appeals denied the
motion to reopen the appeal, holding that the issues appellant
raised were res judicata.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting
Attorney, and Diane Smilanick, Assistant Prosecuting Attorney,
for appellee.
George A. Laguta, pro se.

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