State v. Thompson
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[Cite as State v. Thompson, 2002-Ohio-6845.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 81573 STATE OF OHIO Plaintiff-appellee vs. JOHN THOMPSON Defendant-appellant DATE OF ANNOUNCEMENT OF DECISION : : : : : : : : : : ACCELERATED DOCKET JOURNAL ENTRY and OPINION : DECEMBER 12, 2002 CHARACTER OF PROCEEDING : : : Civil appeal from Cuyahoga County Common Pleas Court Case No. CR-396442 JUDGMENT : DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: WILLIAM D. MASON Cuyahoga County Prosecutor SHERRY F. McCREARY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: DAVID H. BODIKER Ohio Public Defender THERESE G. HAIRE, Assistant 8 East Long Street 11th Floor Columbus, OH 43215 [Cite as State v. Thompson, 2002-Ohio-6845.] KENNETH A. ROCCO, P.J.: {¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the lower court, the briefs and the oral arguments of counsel. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusory decision. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158. {¶2} Appellant urges that the common pleas court erred when it dismissed his petition for post conviction relief. The petition alleged that appellant was denied the effective assistance of counsel because his attorney did not move to dismiss the charges against him for failure to provide a speedy trial. The only evidence attached to the petition was a copy of the transcript from a community control violation hearing held on October 23, 2000 in another case against appellant, and a copy of the docket from that case. {¶3} Appellant failed to meet his initial burden to submit evidentiary documents containing sufficient operative facts to demonstrate the lack of competent counsel and that the defense was prejudiced by counsel s ineffectiveness. State v. Calhoun (1999), 86 Ohio St.3d 279, 283 (quoting State v. Jackson (1980), 64 3 Ohio St.2d 107, syllabus). his petition. Affirmed. Therefore, the court properly denied [Cite as State v. Thompson, 2002-Ohio-6845.] It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PRESIDING JUDGE KENNETH A. ROCCO ANN DYKE, J. JAMES J. SWEENEY, J. and CONCUR N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1).
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