Opinion
No. 96-205
Submitted May 7, 1996 —
Decided June 19, 1996.
APPEAL from the Court of Appeals for Cuyahoga County, No. 67844.
Appellant, John Sanders, Jr., was convicted on two counts of aggravated robbery, and sentenced to terms of imprisonment. Upon appeal, the convictions were affirmed. State v. Sanders (May 18, 1995), Cuyahoga App. No. 67844, unreported, 1995 WL 307750.
Subsequently, appellant filed an application for reopening before the court of appeals pursuant to App.R. 26(B), alleging ineffective assistance of appellate counsel. The court of appeals denied the application on December 12, 1995, and held that the doctrine of res judicata prohibited the reopening of his original appeal, because appellant could have raised the issue of ineffective assistance of appellate counsel on direct appeal to this court, but did not file such an appeal. This appeal followed.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Sherry F. McCreary, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Ohio Public Defender, and Timi J. Townsend, Assistant Public Defender, for appellant.
We affirm the judgment of the court of appeals denying appellant's application for reopening. Appellant has failed to establish the existence of a colorable claim of ineffective assistance of appellate counsel under Strickland v. Washington (1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.