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

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1 The State of Ohio, Appellee, v. Taylor, Appellant.
2 [Cite as State v. Taylor (1996), _____Ohio St.3d ____.]
3 Appellate procedure -- Application for reopening appeal from
4
judgment and conviction based on claim of ineffective
5
assistance of appellate counsel -- Application denied when
6
applicant fails to demonstrate a genuine issue as to whether
7
he was deprived of the effective assistance of counsel on
8
appeal.
9
(No. 95-2461--Submitted March 19, 1996--Decided May 15, 1996.)
10 Appeal from the Court of Appeals for Ashtabula County, No. 93-A-
11 1812.
12
In June 1993, appellant, Gary D. Taylor, was convicted of aggravated
13 burglary and felonious assault. Taylor was then sentenced to prison, and the
14 court of appeals affirmed the convictions and sentence. State v. Taylor
15 (Dec. 23, 1994), Ashtabula App. No. 93-A-1812, unreported, 1994 WL
16 738482, appeal dismissed (1995), 72 Ohio St.3d 1414, 647 N.E.2d 1388.
17
On August 15, 1995, appellant filed with the court of appeals an
18 application to reopen his appeal under App.R. 26(B), alleging ineffective
19 assistance of his appellate counsel. The court of appeals rejected the
20 application finding, inter alia, that "no grounds were presented which

1 would warrant a reopening of appellant's appeal." Appellant now appeals
2 that denial to this court.
3
_______________________
4
Gregory J. Brown, Ashtabula County Prosecuting Attorney, for
5 appellee.
6
Gary D. Taylor, pro se.
7
________________________
8
Per Curiam. We affirm the judgment of the court of appeals based
9 on that court's analysis of appellant's claims. Appellant has failed to
10 demonstrate "a genuine issue as to whether the applicant was deprived of
11 the effective assistance of counsel on appeal." App.R. 26(B)(5).
12

Judgment affirmed.
13
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
14 STRATTON, JJ., concur.
15