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

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The State of Ohio, Appellee, v. Campbell, Appellant.
[Cite as State v. Campbell (1996), ____ 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 within
ninety days after journalization of the court of appeals'
decision affirming the conviction, as required by App.R. 26(B).

(No. 96-507 -- Submitted June 25, 1996 -- Decided August 7, 1996.)
Appeal from the Court of Appeals for Hamilton County, No. C-
820968.

Appellant, Robert Campbell, was convicted of felonious assault for
throwing a tire jack at the victim. Upon appeal, the conviction was
affirmed. State v. Campbell (Oct. 26, 1983), Hamilton App. No. C-820968,
unreported.

In December 1995, appellant filed an application for reopening before
the court of appeals pursuant to App. R. 26(B), alleging ineffective
assistance of appellate counsel. The court of appeals denied the application
as untimely without good cause shown as required by App. R. 26(B)(2)(b).
This appeal followed.

________________________

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Ronald
W. Springman, Jr., Assistant Prosecuting Attorney, for appellee.

H. Fred Hoefle, for appellant.
________________________

Per Curiam. We affirm the judgment of the court of appeals for the
reasons stated in its judgment entry.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK
and STRATTON, JJ., concur.

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