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Case Law - save on Lexis / WestLaw. 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. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. The State of Ohio, Appellee, v. Forney, Appellant. [Cite as State v. Forney (1995), OhioSt.3d .] Appellate procedure -- Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel -- Application denied when issues raised by applicant had previously been litigated and were therefore res judicata. (No. 95-250--Submitted April 18, 1995--Decided July 26, 1995.) Appeal from the Court of Appeals for Cuyahoga County, No. 63310. According to the court of appeals' journal entry, appellant, La Don M. Forney, was convicted of murder, and the court of appeals affirmed his conviction. State v. Forney (Oct. 28, 1993), Cuyahoga App. No. 63310, unreported, 1993 WL 437647. In December 1994, appellant filed an application to reopen the appellate judgment pursuant to App. R. 26(B). He alleged that appellate counsel was ineffective by failing to raise four issues. He also argued that his ignorance of law was good cause for the untimely filing of his application. The court of appeals held that ignorance of the law was not good cause, that the issues appellant raised had previously been litigated and were therefore res judicata, and that the issues were also res judicata because they could have been raised on appeal to this court from the judgment affirming the conviction, but were not. Appellant appeals to this court. La Don M. Forney, pro se. Per Curiam. The judgment of the court of appeals is affirmed for the reasons stated therein. Judgment affirmed. Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. |
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