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State v. Johnson

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Mar 14, 2018
2018 Ohio 952 (Ohio Ct. App. 2018)

Opinion

No. 99822

03-14-2018

STATE OF OHIO PLAINTIFF-APPELLEE v. ERIC JOHNSON DEFENDANT-APPELLANT

FOR APPELLANT Eric Johnson, pro se Inmate No. 640882 P.O. Box 788 Mansfield, Ohio 44901 ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Nicole Ellis Assistant County Prosecutor Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113


JOURNAL ENTRY AND OPINION JUDGMENT: APPLICATION DENIED Cuyahoga County Court of Common Pleas
Case No. CR-12-567736-A
Application for Reopening
Motion No. 514177

FOR APPELLANT

Eric Johnson, pro se
Inmate No. 640882
P.O. Box 788
Mansfield, Ohio 44901

ATTORNEYS FOR APPELLEE

Michael C. O'Malley
Cuyahoga County Prosecutor
By: Nicole Ellis
Assistant County Prosecutor
Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.:

{¶1} Applicant, Eric Johnson, seeks to reopen his appeal claiming that appellate counsel was ineffective for failing to argue that attempted murder was not a crime in Ohio during the relevant period. Having reviewed the record and relevant law, this court declines to reopen his appeal. The apposite facts follow.

{¶2} On January 23, 2018, Johnson, pursuant to App.R. 26(B) and State v. Murnahan, 63 Ohio St.3d 60, 584 N.E.2d 1204 (1992), applied to reopen this court's February 13, 2014 judgment in State v. Johnson, 8th Dist. Cuyahoga No. 99822, 2014-Ohio-494. There, Johnson's convictions and sentences for aggravated robbery, kidnapping, and attempted murder were affirmed. The state of Ohio did not file a brief in opposition to Johnson's application.

Timeliness of the Application

{¶3} App.R. 26(B)(1) and (B)(2)(b) require applications claiming ineffective assistance of appellate counsel to be filed within 90 days from the date the appellate decision was journalized, unless the applicant shows good cause for filing at a later time. The 90-day deadline for filing an application for reopening must be strictly enforced. State v. Lamar, 102 Ohio St.3d 467, 2004-Ohio-3976, 812 N.E.2d 970; State v. Gumm, 103 Ohio St.3d 162, 2004-Ohio-4755, 814 N.E.2d 861.

{¶4} Johnson filed his application on January 23, 2018 — almost four years after this court issued its decision in the underlying case. Thus, it is untimely on its face.

{¶5} Johnson fails to allege any reason for his delay. An untimely application must set forth good cause for tardiness. Johnson has failed to show good cause. Because the lack of good cause precludes our consideration of the untimely application, the substantive merits of the application cannot be addressed. State ex rel. Wood v. McClelland, 140 Ohio St.3d 331, 2014-Ohio-3969, 18 N.E.3d 423, ¶ 13.

{¶6} Application denied. /s/_________
PATRICIA ANN BLACKMON, JUDGE EILEEN A. GALLAGHER, A.J., and
MARY J. BOYLE, J., CONCUR


Summaries of

State v. Johnson

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Mar 14, 2018
2018 Ohio 952 (Ohio Ct. App. 2018)
Case details for

State v. Johnson

Case Details

Full title:STATE OF OHIO PLAINTIFF-APPELLEE v. ERIC JOHNSON DEFENDANT-APPELLANT

Court:Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

Date published: Mar 14, 2018

Citations

2018 Ohio 952 (Ohio Ct. App. 2018)