State v. Terrell
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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. Terrell, Appellant. [Cite as State v. Terrell (1995), 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 claim is res judicata because issue could have been raised on applicant's appeal of his conviction to Supreme Court of Ohio. (No. 94-2531--Submitted February 21, 1995 -- Decided May 24, 1995.) Appeal from the Court of Appeals for Cuyahoga County, No. 65312. Appellant, Harry Terrell, was convicted of felonious assault with a firearm specification. The conviction was affirmed on appeal. State v. Terrell (May 26, 1994), Cuyahoga App. No. 65312, unreported. Subsequently, Terrell filed an application to reopen his appeal under App. R. 26 (B), alleging ineffective assistance of appellate counsel. The court of appeals denied the application, finding that the issues were res judicata because they were or could have been raised on Terrell's appeal of his conviction to this court, and independent review failed to disclose any genuine issue of ineffective assistance of counsel. Terrell then appealed to this court. Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee. Harry Terrell, pro se. Per Curiam. The decision of the court of appeals is affirmed for the reasons stated in its opinion. Judgment affirmed. Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.
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