State v. Carter
Annotate this Case
Download PDF
OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. The State of Ohio, Appellee, v. Carter, Appellant. [Cite as State v. Carter (1994), Ohio St.3d .] Appellate procedure -- Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel -- Application denied when not filed within ninety days of journalization of appellate judgment -- App.R. 26(B)(1). (No. 94-1309 -- Submitted August 17, 1994 -- Decided November 9, 1994.) Appeal from the Court of Appeals for Hamilton County, No. C-890513. Appellant Clarence Carter filed an application in the Court of Appeals for Hamilton County under App. R. 26(B) to reopen the appeal from the judgment of conviction and sentence under which he was convicted of aggravated murder and sentenced to death, alleging ineffective assistance of appellate counsel. The court of appeals denied the application, noting that it had been filed more than ninety days after journalization of the appellate judgment. The court further held that appellant had failed to show good cause for the untimely filing, specifically holding that the fact that appellant was represented by the same counsel on direct appeal to the court of appeals and this court did not establish good cause for filing this application over one year after this court's decision. Appellant appealed to this court. Joseph T. Deters, Hamilton County Prosecuting Attorney, and L. Susan Laker, Assistant Prosecuting Attorney, for appellee. David H. Bodiker, Ohio Public Defender, Linda E. Prucha and Joseph E. Wilhelm, Assistant Public Defenders, for appellant. Per Curiam. We affirm the decision of the court of appeals for the reasons stated by the court of appeals. Judgment affirmed. Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
