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

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The State of Ohio, Appellee, v. Cheren, Appellant.
[Cite as State v. Cheren (1995), Ohio St.3d .]
Appellate procedure -- Successive application for reopening
appeal from judgment and conviction based on claim of
ineffective assistance of appellate counsel -- Application
denied because App.R. 26(B) makes no provision for
successive applications to reopen.
(No. 95-0038 -- Submitted April 18, 1995 -- Decided August
16, 1995.)
Appeal from the Court of Appeals for Summit County, No.
15752.
Appellant, Oles Cheren, was convicted of abduction,
attempted rape and gross sexual imposition. The Court of
Appeals for Summit County affirmed the judgment of the trial
court. State v. Cheren (July 21, 1993), Summit App. No. 15752,
unreported, 1993 WL 278168.
Appellant filed an application to reopen the appellate
judgment pursuant to App. R. 26(B), arguing ineffective
assistance of appellate counsel. The application was denied by
the court of appeals. The appellate court found that a failure
to object to every error in the record did not constitute
ineffective assistance of counsel. State v. Cheren (Sept. 14,
1993), Summit App. No. 15752, unreported.
On October 27, 1994, appellant filed another application
to reopen, again arguing ineffective assistance of appellate
counsel. To show good cause for the thirteen-month delay,
appellant stated that his appellate counsel had recently
admitted that she filed his appeal without a complete trial
transcript. On December 2, 1994, the court of appeals ruled
that the appellant had failed to show good cause for untimely
filing, and denied the second application to reopen.

Maureen O'Connor, Summit County Prosecuting Attorney, and
William D. Wellemeyer, Assistant Prosecuting Attorney, for
appellee.
Oles Cheren, pro se.

Per Curiam. The decision of the court of appeals denying

this successive application is affirmed on the basis of State
v. Peeples (1995), 73 Ohio St.3d , N.E.2d ,
decided today.
Judgment affirmed.
Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney and
Pfeifer, JJ., concur.
Cook, J., not participating.