State v. Jackson

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[Cite as State v. Jackson, 2002-Ohio-5461.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 80118 STATE OF OHIO, : : Plaintiff-Appellee : : vs. : : MAURICE JACKSON, : : Defendant-Appellant : JOURNAL ENTRY and OPINION DATE OF JOURNALIZATION : OCTOBER 9, 2002 CHARACTER OF PROCEEDING: : : : : Application for Reopening, Motion No. 40524 Lower Court No. CR-390243 Common Pleas Court. JUDGMENT : APPLICATION DENIED. APPEARANCES: For plaintiff-appellee: William D. Mason, Esq. Cuyahoga County Prosecutor The Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: Maurice Jackson, Pro Se Inmate No. A-396-218 Ohio State Penitentiary 878 Coitsville-Hubbard Road Youngstown, Ohio 44505 MICHAEL J. CORRIGAN, J.: {¶1} Maurice Jackson, the applicant, has filed an application for reopening pursuant to App.R. 26(B). However, no appellate 2 judgment, which reviewed Jackson s conviction and sentence as rendered in State v. Jackson, Cuyahoga County Court of Common Pleas Case No. CR-390243, has been announced and journalized by this court. Thus, we are prevented from considering Jackson s application for reopening as brought pursuant to App.R. 26(B). State v. Skaggs (May 12, 1999), Cuyahoga App. No. 76301, reopening disallowed (Sept. 21, 1999), Motion No. 7505. See, also, State v. Loomer (1996), 76 Ohio St.3d 398; State v. Halliwell (Jan. 29, 1999), Cuyahoga App. No. 70369, reopening disallowed (Jan. 29, 1999), Motion No. 00187; State v. Fields (Feb. 29, 1996), Cuyahoga App. No. 68906, reopening disallowed (Sept. 5, 1997), Motion No. 84867; State v. Williams (Oct. 31, 1996), Cuyahoga App. No. 69936, reopening disallowed (May 7, 1997), Motion No. 82993. {¶2} In addition, the legal basis for reopening an appeal under App.R. 26(B) is ineffective assistance of appellate counsel. Since Jackson filed a pro se appeal, which was dismissed on October 22, 2001, for failure to file the record, he is precluded from arguing the claim of ineffective assistance of appellate counsel on appeal. State v. Boone (1996), 114 Ohio App.3d 275, 683 N.E.2d 67; State v. Bobo (Jan. 9, 1996), Cuyahoga App. No. 60013, reopening disallowed (Apr. 10, 1996), Motion No. 69762; State v. Drake (July 2, 1998), Cuyahoga App. No. 74661, reopening disallowed (June 24, 1999), Motion No. 4637; State v. Thornton (Apr. 15, 1999), Cuyahoga App. No. 76014, reopening disallowed (Mar. 9, 3 2000), Motion No. 8113; and State v. Hall (Dec. 16, 1999), Cuyahoga App. No. 75386, reopening disallowed (May 17, 2000), Motion No. 15531. {¶3} Accordingly, we deny Jackson s application for reopening. ______________________________ MICHAEL J. CORRIGAN JUDGE JAMES D. SWEENEY, P.J., and PATRICIA A. BLACKMON, J., CONCUR.

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