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

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The State of Ohio, Appellee, v. Oden, Appellant.
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[Cite as State v. Oden (1996), _____ 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
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applicant fails to establish good cause for failing to file his
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application within ninety days after journalization of the court
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of appeals' decision affirming the conviction, as required by
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App.R. 26(B).
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(No. 95-1052--Submitted September 12, 1995--Decided January 10,
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1996.)
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Appeal from the Court of Appeals for Summit County, No. 13869.
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Appellant, Master Chaunce' Oden, was convicted of aggravated
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burglary with a prior aggravated felony specification and sentenced
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accordingly. The Court of Appeals for Summit County affirmed the
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conviction. State v. Oden (May 3, 1989), Summit App. No. 13869,
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unreported.
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On March 7, 1994, appellant filed an application for reopening
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pursuant to App. R. 26(B), alleging as good cause for failure to file within
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ninety days after journalization of the appellate judgment as required by

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App.R. 26(B)(2)(b), that he was pursuing various appeals and collateral
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attacks on the judgment instead, and that the riots at the Southern Ohio
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Correctional Institute also impeded his ability to file a timely application.
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The court of appeals denied the application, finding that appellant failed to
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file the application in a timely manner, rejecting the stated reasons for good
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cause. This appeal followed.
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Maureen O'Connor, Summit County Prosecuting Attorney, and
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William D. Wellemeyer, Assistant Prosecuting Attorney, for appellee.
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Master Chaunce' Oden, pro se.
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Per Curiam. We affirm the judgment of the court of appeals for the
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reasons stated in its judgment entry.
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Judgment affirmed.
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MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER
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and COOK, JJ., concur.
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