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The State of Ohio, Appellee, v. Peeples, Appellant.
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[Cite as State v. Peeples (1995), ____ Ohio St.3d _____.]
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Appellate procedure -- Application for reopening appeal from
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judgment and conviction based on claim of ineffective
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assistance of appellate counsel -- Application denied when no
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colorable claim of ineffective assistance of appellate counsel
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stated.
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(No. 95-740 -- Submitted July 26, 1995 -- Decided December 6,
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1995.)
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Appeal from the Court of Appeals for Pickaway County, No. 92 CA
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7.
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Appellant, Kavin L. Peeples, was convicted of aggravated murder in
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violation of R.C. 2903.01(A) with specifications pursuant to R.C. 2929.04
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(aggravated murder committed while the defendant was an inmate in a
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detention facility). The Court of Appeals for Pickaway County affirmed the
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judgment of the trial court. State v. Peeples (1994), 94 Ohio App.3d 34,
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640 N.E.2d 208.
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On November 10, 1994, appellant filed an application requesting
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delayed reconsideration. The court of appeals treated this as an application

1
for reopening pursuant to App. R. 26(B), and found that, although appellant
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had established good cause for not filing the application within the ninety
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days required under App. R. 26(B), he had failed to state a colorable claim
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of ineffective assistance of appellate counsel. Thus, the appellate court
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denied appellant's application for delayed reconsideration, and this appeal
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followed.
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Kavin Peeples, pro se.
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Per Curiam. In his application to reopen, appellant raised five
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separate issues regarding appellate counsel's ineffectiveness. Each issue
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involved appellant's alleged mental incapcity. However, the court of
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appeals found that "[t]he issue of Peeple's mental incapacity was previously
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and properly raised on direct appeal." Specifically, the court of appeals
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found that appellant's problem was not his appellate counsel's performance,
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but the fact that his motion to suppress his confession to the murder was
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denied at trial. We concur.
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Accordingly, we affirm the decision of the court of appeals for the
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reasons stated in its opinion.
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Judgment affirmed.

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1

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER
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and COOK, JJ., CONCUR.
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