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State v. Nicholson

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Apr 26, 2013
2013 Ohio 1786 (Ohio Ct. App. 2013)

Opinion

No. 97873

04-26-2013

STATE OF OHIO PLAINTIFF-APPELLEE v. JOHNATHAN NICHOLSON DEFENDANT-APPELLANT

FOR APPELLANT Johnathan Nicholson, pro se ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: Kristen L. Sobieski Assistant County Prosecutor


JOURNAL ENTRY AND OPINION


JUDGMENT:

APPLICATION DENIED


Cuyahoga County Court of Common Pleas

Case No. CR-506069

Application for Reopening

Motion No. 461214

FOR APPELLANT

Johnathan Nicholson, pro se

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty
Cuyahoga County Prosecutor
By: Kristen L. Sobieski
Assistant County Prosecutor
TIM McCORMACK, J.:

{¶1} Jonathan Nicholson has filed a timely application for reopening pursuant to App.R. 26(B). Nicholson is attempting to reopen the appellate judgment that was rendered in State v. Nicholson, 8th Dist. No. 97873, 2012-Ohio-4591, which affirmed the trial court's denial of a postconviction motion to withdraw his plea of guilty to four counts of aggravated murder, four counts of aggravated robbery, and one count of attempted aggravated robbery. We decline to reopen Nicholson's appeal.

{¶2} The appeal in Nicholson concerned the trial court's denial of a postconviction motion. However, an application for reopening, that is filed pursuant to App.R. 26(B), can only be employed to reopen an appeal from the judgment of conviction and sentence based upon a claim of ineffective assistance of appellate counsel. State v. Loomer, 76 Ohio St.3d 398, 1996-Ohio-59, 667 N.E.2d 1209; State v. Waver, 8th Dist. No. 97000, 2011-Ohio-6480. Since App.R. 26(B) applies only to the direct appeal of a criminal conviction and sentence, it cannot be employed to reopen an appeal that dealt with the denial of a postconviction motion.

{¶3} Accordingly, the application for reopening is denied. TIM McCORMACK, JUDGE MARY J. BOYLE, P.J., and
KENNETH A. ROCCO, J., CONCUR


Summaries of

State v. Nicholson

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Apr 26, 2013
2013 Ohio 1786 (Ohio Ct. App. 2013)
Case details for

State v. Nicholson

Case Details

Full title:STATE OF OHIO PLAINTIFF-APPELLEE v. JOHNATHAN NICHOLSON DEFENDANT-APPELLANT

Court:Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

Date published: Apr 26, 2013

Citations

2013 Ohio 1786 (Ohio Ct. App. 2013)