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State v. Sherrills

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 6, 2001
No. 56777 (Ohio Ct. App. Mar. 6, 2001)

Opinion

No. 56777.

Date of Decision March 6, 2001.

APPLICATION FOR REOPENING, MOTION NO. 24318, LOWER COURT NO. CR-230459, COMMON PLEAS COURT

William D. Mason, Cuyahoga County Prosecutor, Diane Smilanick, Assistant Prosecuting Attorney, Cleveland, Ohio, for Plaintiff-Appellee.

Daries Sherrills, Pro Se, #206-377, Marion, Ohio, for Defendant-Appellant.


JOURNAL ENTRY AND OPINION


On January 10, 2001, Daries Sherrills filed an application for reopening, pursuant to App.R. 26(B), through which he attempts to reopen, for a second time, the appellate judgment of this court as rendered in State v. Sherrills (Sept. 18, 1997), Cuyahoga App. No. CA-56777, unreported.

There is no right to file successive applications for reopening pursuant to App.R. 26(B). State v. Richardson (1996), 74 Ohio St.3d 235, 658 N.E.2d 273; State v. Cheren (1995), 73 Ohio St.3d 137, 652 N.E.2d 707; State v. Peeples (1995), 73 Ohio St.3d 149, 652 N.E.2d 717. Moreover, the doctrine of res judicata prevents this court from considering Sherrills' second application for reopening because the new claim of ineffective assistance, of appellate counsel was raised or could have been raised through the initial application for reopening. State v. Phelps (Sept. 30, 1996), Cuyahoga App. No. 69157, unreported, second reopening disallowed (Nov. 30, 1998) , Motion No. 79992; State v. Brantley (June 29, 1992), Cuyahoga App. No. 62412, unreported, second reopening disallowed (May 22, 1996), Motion No. 72855.

Accordingly, Sherrills' second application for reopening is denied.

___________________ KILBANE

DIANE KARPINSKI, A.J., and COLLEEN CONWAY COONEY, J., CONCUR.


Summaries of

State v. Sherrills

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 6, 2001
No. 56777 (Ohio Ct. App. Mar. 6, 2001)
Case details for

State v. Sherrills

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee v. DARIES SHERRILLS, Defendants-Appellees

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

Date published: Mar 6, 2001

Citations

No. 56777 (Ohio Ct. App. Mar. 6, 2001)