State v. Colwell
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1 The State of Ohio, Appellee, v. Colwell, Appellant. 2 [Cite as State v. Colwell (1996), ____ Ohio St.3d _____.] 3 Appellate procedure -- Application for reopening from judgment and 4 conviction based on claim of ineffective assistance of 5 appellate counsel -- Application denied when applicant fails to 6 show good cause for failure to file the motion within ninety 7 days after journalization of the court of appeals decision 8 affirming the conviction, as required by App.R. 26(B). 9 (No. 95-2005 -- Submitted January 23, 1996 -- Decided February 28, 10 11 12 13 1996.) Appeal from the Court of Appeals for Hamilton County, No. C- 930806. Appellant, Michael Colwell, was convicted of aggravated trafficking 14 in 1993 and sentenced accordingly. Upon appeal, the conviction was 15 affirmed. State v. Colwell (Dec. 7, 1994), Hamilton App. No. C-930806, 16 unreported. 17 On June 12, 1994, appellant filed an application for reopening 18 pursuant to App. R. 26(B), alleging that he had hired an atorney to file the 19 application in a timely manner, but that the attorney had failed to act. The 20 court of appeals denied the application as untimely without good cause 1 shown. State v. Colwell (Sept. 12, 1995), Hamilton App. No. C-930806, 2 unreported. This appeal followed. 3 4 Joseph T. Deters, Hamilton County Prosecuting Attorney, and William E. Breyer, Assistant Prosecuting Attorney, for appellee. 5 Michael Colwell, pro se. 6 Per Curiam. We affirm the decision of the court of appeals for the 7 reasons stated in its judgment entry.1 8 9 Judgment affirmed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER 10 11 and COOK, JJ., concur. 12 1 FOOTNOTE: Appellant s motion to produce/transmit record, and motion to return copies instead of reclying are also denied. 2
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