EILEEN T. GALLAGHER

JOURNAL ENTRY AND OPINION

JUDGMENT:

APPLICATION DENIED

Cuyahoga County Court of Common Pleas

Case No. CR-559249

Application for Reopening

Motion No. 474342

FOR APPELLANT

Tracy Mays, pro se

ATTORNEYS FOR APPELLEE

Timothy J. McGinty
Cuyahoga County Prosecutor
By: Diane Smilanick
Assistant County Prosecutor
EILEEN T. GALLAGHER, J.:

{¶1} Tracy Mays has filed a second application for reopening pursuant to App.R. 26(B). Mays is attempting to reopen the appellate judgment rendered in State v. Mays, 8th Dist. Cuyahoga No. 99150, 2013-Ohio-4031. That appeal affirmed his conviction for the offense of domestic violence.

{¶2} Mays is permitted to file only one application for reopening with regard to a specific appeal. Mays has already filed an App.R. 26(B) application for reopening, with regard to appeal No. 99150, on December 2, 2013. The initial application for reopening was denied on February 28, 2014. See State v. Mays, 8th Dist. Cuyahoga No. 99150, 2014-Ohio-814. There exists no right to file a second or successive application for reopening under App.R. 26(B). State v. Cooey, 99 Ohio St.3d 345, 2003-Ohio-3914, 792 N.E.2d 720; State v. Williams, 99 Ohio St.3d 179, 2003-Ohio-3079, 790 N.E.2d 299; State v. Cheren, 73 Ohio St.3d 137, 1995-Ohio-28, 652 N.E.2d 707; State v. Peeples, 73 Ohio St.3d 149, 1995-Ohio-36, 652 N.E.2d 717.

{¶3} Application denied. EILEEN T. GALLAGHER, JUDGE MARY J. BOYLE, A.J., and
SEAN C. GALLAGHER, J., CONCUR