Opinion
No. 94-1724
Submitted November 1, 1994 —
Decided December 30, 1994.
APPEAL from the Court of Appeals for Auglaize County, No. 2-93-12.
Appellant, James Ballard, was apparently convicted of one or more drug offenses, and the court of appeals affirmed. State v. Ballard (Feb. 16, 1994), Auglaize App. No. 2-93-12, unreported, 1994 WL 47683. It is undisputed that on May 24, 1994, he filed an application to reopen his appeal pursuant to App.R. 26(B), alleging ineffective assistance of appellate counsel for failure to argue for suppression of taped statements based on appellant's Miranda rights.
The court of appeals held that appellant had not shown good cause for failure to file the application within ninety days after journalization of its decision, as required by App.R. 26(B), and that the application failed to state a colorable claim of ineffective assistance of counsel, and denied the application. State v. Ballard (June 29, 1994), Auglaize App. No. 2-93-12, unreported. Appellant appeals from that decision.
Edwin A. Pierce, Auglaize County Assistant Prosecuting Attorney, for appellee.
James Ballard, pro se.
The judgment of the court of appeals is affirmed for the reasons stated in its decision.
Judgment affirmed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.