Summary
dismissing on timeliness grounds application for delayed reconsideration filed six years after conviction affirmed by court of appeals, more than one year after Murnahan, and one day prior to effective date of amended Ohio App. Rule 26
Summary of this case from Franklin v. AndersonOpinion
No. 95-2552
Submitted May 21, 1996 —
Decided July 24, 1996.
APPEAL from the Court of Appeals for Summit County, No. 12664.
Appellant, Glenn L. Benner II, was convicted of the aggravated murders of two persons with death-penalty specifications, the attempted aggravated murders of two others, as well as six counts of rape, three counts of kidnapping, aggravated burglary, gross sexual imposition, and attempted rape. The trial court sentenced Benner to death for the aggravated murders, and the court of appeals affirmed the convictions and sentence. State v. Benner (July 29, 1987; July 22, 1987), Summit App. No. 12664, unreported, 1987 WL 15103, 15078. On direct appeal as of right, we also affirmed. State v. Benner (1988), 40 Ohio St.3d 301, 533 N.E.2d 701, certiorari denied sub nom. Benner v. Ohio (1990), 494 U.S. 1090, 110 S.Ct. 1834, 108 L.Ed.2d 962.
On June 30, 1993, Benner filed an application for delayed reconsideration with the court of appeals pursuant to State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204, alleging ineffective assistance of appellate counsel. The court of appeals noted that Benner's "application was not filed until approximately six years after this court affirmed his conviction and sentence." Further, the court of appeals found that Benner "has failed to demonstrate good cause why his application was not timely filed. Inasmuch as appellant failed to articulate `particular circumstances' establishing good cause for the delay * * *, his application is denied." Benner now appeals that denial to this court.
Maureen O'Connor, Summit County Prosecuting Attorney, and William D. Wellemeyer, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Ohio Public Defender, Randall L. Porter and Stephen Hardwick, Assistant Public Defenders, for appellant.
We affirm the judgment of the court of appeals for the reasons stated in its journal entry.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.