State v. Jackson

Full title: STATE OF OHIO, Plaintiff-Appellee, v. MAURICE JACKSON, Defendant-Appellant

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Oct 9, 2002

No. 80118 (Ohio Ct. App. Oct. 9, 2002)

Opinion

No. 80118.

Decided October 9, 2002.

Application for Reopening, Motion No. 40524, Lower Court No. CR-390243, Common Pleas Court.

For plaintiff-appellee: William D. Mason, Esq., Cuyahoga County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113.

For defendant-appellant: Maurice Jackson, Pro Se, Inmate No. A-396-218, Ohio State Penitentiary, 878 Coitsville-Hubbard Road, Youngstown, Ohio 44505.

JOURNAL ENTRY and OPINION

MICHAEL J. CORRIGAN, J.:

{¶ 1} Maurice Jackson, the applicant, has filed an application for reopening pursuant to App.R. 26(B). However, no appellate judgment, which reviewed Jackson's conviction and sentence as rendered in State v. Jackson, Cuyahoga County Court of Common Pleas Case No. CR-390243, has been announced and journalized by this court. Thus, we are prevented from considering Jackson's application for reopening as brought pursuant to App.R. 26(B). State v. Skaggs (May 12, 1999), Cuyahoga App. No. 76301, reopening disallowed (Sept. 21, 1999), Motion No. 7505. See, also, State v. Loomer (1996), 76 Ohio St.3d 398; State v. Halliwell (Jan. 29, 1999), Cuyahoga App. No. 70369, reopening disallowed (Jan. 29, 1999), Motion No. 00187; State v. Fields (Feb. 29, 1996), Cuyahoga App. No. 68906, reopening disallowed (Sept. 5, 1997), Motion No. 84867; State v. Williams (Oct. 31, 1996), Cuyahoga App. No. 69936, reopening disallowed (May 7, 1997), Motion No. 82993.

{¶ 2} In addition, the legal basis for reopening an appeal under App.R. 26(B) is ineffective assistance of appellate counsel. Since Jackson filed a pro se appeal, which was dismissed on October 22, 2001, for failure to file the record, he is precluded from arguing the claim of ineffective assistance of appellate counsel on appeal. State v. Boone (1996), 114 Ohio App.3d 275, 683 N.E.2d 67; State v. Bobo (Jan. 9, 1996), Cuyahoga App. No. 60013, reopening disallowed (Apr. 10, 1996), Motion No. 69762; State v. Drake (July 2, 1998), Cuyahoga App. No. 74661, reopening disallowed (June 24, 1999), Motion No. 4637; State v. Thornton (Apr. 15, 1999), Cuyahoga App. No. 76014, reopening disallowed (Mar. 9, 2000), Motion No. 8113; and State v. Hall (Dec. 16, 1999), Cuyahoga App. No. 75386, reopening disallowed (May 17, 2000), Motion No. 15531.

{¶ 3} Accordingly, we deny Jackson's application for reopening.

JAMES D. SWEENEY, P.J., and PATRICIA A. BLACKMON, J., CONCUR.