State v. O'Neal - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

	ROMINGER LEGAL
		Ohio Court Cases and Opinions - Ohio Legal Research
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -RESEARCH

This court case was taken from the web sites of the Ohio Courts. Search our site for more cases - CLICK HERE

LEGAL RESEARCH

COURT REPORTERS

PRIVATE INVESTIGATORS

PROCESS SERVERS

DOCUMENT RETRIEVERS

EXPERT WITNESSES

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

Legal News - Legal Headlines

[Cite as State v. O'Neal, 88 Ohio St.3d 179, 2000-Ohio-281.]

THE STATE OF OHIO, APPELLEE, v. O'NEAL, APPELLANT.
[Cite as State v. O'Neal (2000), 88 Ohio St.3d 179.]
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 demonstrate that appellate
counsel performed in a deficient manner or that any alleged deficiency
prejudiced the outcome of the appeal.
(No. 98-1735 -- Submitted January 11, 2000 -- Decided March 8, 2000.)
APPEAL from the Court of Appeals for Hamilton County, No. C-960392.

Appellant, James Derrick O'Neal, was convicted of aggravated burglary and
the aggravated murder of his wife, Carol O'Neal, and sentenced to death. The
court of appeals affirmed the convictions and sentence. State v. O'Neal (Dec. 12,
1997), Hamilton App. No. C-960392, unreported, 1997 WL 770162. On direct
appeal as of right, we also affirmed O'Neal's convictions for aggravated murder
and aggravated burglary, and we affirmed the death penalty. State v. O'Neal
(2000), 87 Ohio St.3d 402, 721 N.E.2d 73.

Following the court of appeals' decision in December 1997, O'Neal filed a
timely application for reopening with the court of appeals pursuant to App.R.
26(B) and State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204, alleging
19922

ineffective assistance of appellate counsel before that court. The court of appeals
concluded that O'Neal failed to demonstrate "that appellate counsel performed in a
deficient manner * * * or that any alleged deficiency prejudiced the outcome of the
appeal." O'Neal now appeals that decision to this court.
__________________

Michael K. Allen, Hamilton County Prosecuting Attorney, and William E.
Breyer, Assistant Prosecuting Attorney, for appellee.

John J. Gideon, for appellant.
__________________

Per Curiam. We affirm the judgment of the court of appeals for the
reasons set forth in its entry dated July 9, 1998.
Judgment affirmed.

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

2