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

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The State of Ohio, Appellee, v. McKinzie, Appellant.
[Cite as State v. McKinzie (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
there is no genuine issue as to whether applicant was
deprived of the effective assistance of counsel on appeal.

(No. 95-2405--Submitted April 15, 1996--Decided June 5, 1996.)

APPEAL from the Court of Appeals for Butler County, No. CA90-12-
235.

Appellant, Jermaine McKinzie, was convicted of the May 1990
murder of Michael Riley and sentenced to prison. Upon appeal, the court of
appeals affirmed the conviction and sentence. State v. McKinzie (Sept. 23,
1991), Butler App. No. CA90-12-235, unreported, 1991 WL 188168, appeal
dismissed (1992), 62 Ohio St.3d 1500, 583 N.E.2d 972.

In August 1995, McKinzie filed with the court of appeals an
application to reopen his appeal under App.R. 26(B), alleging ineffective
assistance of appellate counsel. The court of appeals analyzed McKinzie's
claims and concluded that "there is no genuine issue as to whether appellant

was deprived of the effective assistance of counsel on appeal." See App.R.
26(B)(5). The court of appeals denied his application to reopen, and
McKinzie appeals that denial to this court.
_________________________

John F. Holcomb, Butler County Prosecuting Attorney, Daniel G.
Eichel and John J. McCracken, Assistant Prosecuting Attorneys, for
appellee.

H. Fred Hoefle, for appellant.
___________________________

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

Judgment affirmed.

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

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