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

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The State of Ohio, Appellee, v. Yauger, Appellant.
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[Cite as State v. Yauger (1996), ______Ohio St. 3d_______.]
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Appellate procedure -- Application for reopening appeal from judgment
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and conviction based on claim of ineffective assistance of appellate
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counsel -- Application denied when there is no evidence that
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applicant's counsel's performance fell below an objective standard
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of reasonable representation and thus prejudiced applicant.
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(No. 96-719 -- Submitted June 4, 1996 -- Decided July 31, 1996.)
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Appeal from the Court of Appeals for Tuscarawas County, No. 93AP
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080055.
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Appellant, Ricky Yauger, was convicted in July 1993 of aggravated robbery
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with a gun specification. The trial court sentenced Yauger to prison, and the court
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of appeals affirmed. State v. Yauger (Jan. 10, 1995), Tuscarawas App. No.
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93AP080055, unreported, 1995 WL 42490.
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On March 23, 1995, appellant filed an application with the court of appeals
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to reopen his appeal under App.R. 26(B), alleging the ineffective assistance of
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appellate counsel. Although at first the court of appeals reinstated the appeal, the
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court dismissed the appeal on May 22, 1995 for want of prosecution. On June 15,
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1995, appellant filed a motion to reinstate his appeal and a motion for appointment

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of counsel. The court of appeals reinstated the appeal and appointed counsel. (Ex.
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A, Appellee's brief).
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Although the court of appeals reinstated the appeal, it reaffirmed the trial
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court's judgment, finding, inter alia, no evidence that appellate "counsel's
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performance fell below an objective standard of reasonable representation and
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thus prejudiced appellant." Appellant has now appealed that decision to this court.
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______________________________________
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Scott J. Mastin, Tuscarawas County Assistant Prosecuting Attorney, for
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appellee.
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Ricky Yauger, pro se.
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______________________________________
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Per Curiam. We affirm the judgment of the court of appeals for the reasons
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stated in its decision.
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Judgment affirmed.
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MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
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STRATTON, JJ., concur.
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