Opinion
No. 95-1762
Submitted December 5, 1995 —
Decided February 14, 1996.
APPEAL from the Court of Appeals for Hamilton County, No. C-900676.
Appellant, Derrick Cook, was convicted of aggravated murder, aggravated robbery and kidnapping, and sentenced to death in 1990. The court of appeals affirmed the convictions and sentence. State v. Cook (Apr. 8, 1992), Hamilton App. No. C-900676, unreported, 1992 WL 74199. On direct appeal as of right, we also affirmed. State v. Cook (1992), 65 Ohio St.3d 516, 605 N.E.2d 70. Subsequently, Cook's petitions for postconviction relief were dismissed, and the judgment of dismissal was affirmed by the court of appeals. State v. Cook (Dec. 29, 1995), Hamilton App. No. C-950090, unreported, 1995 WL 763671.
It is undisputed that in April 1995, Cook filed with the court of appeals an application to reopen his appeal under App.R. 26(B) and State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204, alleging ineffective assistance of his appellate counsel. The court of appeals denied the application, finding that appellant had failed to establish good cause for not filing the application to reopen within ninety days from the journalization of the appellate judgment, as required by App.R. 26(B)(2)(b).
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J. Schaefer, Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Ohio Public Defender, and John B. Heasley, Assistant Public Defender, for appellant.
We affirm the decision of the court of appeals for the reasons stated in its opinion.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
WRIGHT, J., dissents.