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

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The State of Ohio, Appellee, v. Travis, Appellant.
[Cite as State v. Travis (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 show good cause for failing to file his
application within ninety days after journalization of the
appellate judgment -- App.R. 26(B)(2)(b).
(No. 94-2694 -- Submitted March 21, 1995 -- Decided June
14, 1995.)
Appeal from the Court of Appeals for Cuyahoga County, No.
56825.
According to the court of appeals' opinion, appellant,
Bernard W. Travis, was convicted of kidnapping, rape, gross
sexual imposition, felonious assault, and attempted rape. The
convictions were affirmed on appeal by judgment entry of April
16, 1990. State v. Travis (Apr. 16, 1990), Cuyahoga App. No.
56825, unreported. On April 20, 1994, appellant sought to
reopen his appeal under App. R. 26(B), alleging ineffective
assistance of appellate counsel for failure to raise various
issues. The court of appeals denied the application, finding
that appellant had failed to establish good cause for not
filing the application to reopen within ninety days from the
journalization of the appellate judgment, as required by App.
R. 26(B)(2)(b), and also holding that the issues on the merits
did not set forth colorable claims of ineffective assistance of
appellate counsel.
Appellant appeals the denial to this court.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting
Attorney, and L. Christopher Frey, Assistant Prosecuting
Attorney, for appellee.
Bernard W. Travis, pro se.

Per Curiam. The judgment of the court of appeals is
affirmed for the reasons stated in its opinion.
Judgment affirmed.