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State v. Thrower

Supreme Court of Ohio
Dec 30, 1994
643 N.E.2d 1149 (Ohio 1994)

Opinion

No. 94-1983

Submitted November 1, 1994 —

Decided December 30, 1994.

APPEAL from the Court of Appeals for Summit County, Nos. 14044, 14045, 14095, 14096, 14967, 15737 and 15765.

Appellant, Albert D. Thrower, pled guilty in 1989 to several drug charges, a charge of having a weapon under disability, and a charge of engaging in a pattern of corrupt activity. He subsequently moved to withdraw his guilty pleas. Ultimately, the trial court denied the motion, and the court of appeals affirmed the convictions. State v. Thrower (July 31, 1991), Summit App. No. 14967, unreported, 1991 WL 149576. Certain of appellant's personal property was also forfeited to the state, and this forfeiture was also affirmed by the court of appeals. State v. Thrower (1993), 85 Ohio App.3d 729, 621 N.E.2d 456. We denied appellant's motion for leave to appeal. State v. Thrower (1993), 67 Ohio St.3d 1408, 615 N.E.2d 1043.

On July 26, 1994, appellant filed an application in the court of appeals to reopen his appeal pursuant to App.R. 26(B), alleging ineffective assistance of appellate counsel. The court of appeals held that appellant had failed to show good cause for failing to file his application within ninety days after App.R. 26(B) took effect, and denied the application. Appellant appeals that decision to this court.

Albert D. Thrower, pro se.


On appeal, appellant argues that the good-cause requirement denies him due process of law because he had no notice of the ninety-day filing requirement. We reject this argument and affirm the judgment of the court of appeals. Appellant is not entitled to special notice of changes in the law.

Judgment affirmed.

MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.


Summaries of

State v. Thrower

Supreme Court of Ohio
Dec 30, 1994
643 N.E.2d 1149 (Ohio 1994)
Case details for

State v. Thrower

Case Details

Full title:THE STATE OF OHIO, APPELLEE, v. THROWER, APPELLANT

Court:Supreme Court of Ohio

Date published: Dec 30, 1994

Citations

643 N.E.2d 1149 (Ohio 1994)
643 N.E.2d 1149

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