State v. Carpenter, 95-1129
| Decision Date | 31 January 1996 |
| Docket Number | No. 95-1129,95-1129 |
| Citation | 659 N.E.2d 786,74 Ohio St.3d 408 |
| Parties | The STATE of Ohio, Appellee, v. CARPENTER, Appellant. |
| Court | Ohio Supreme Court |
Appellant, Robert Carpenter, was convicted of aggravated murder and aggravated robbery and was sentenced to concurrent terms of imprisonment of thirty years to life and ten to twenty years, respectively. He appealed, and his convictions were affirmed. State v. Carpenter (Mar. 12, 1991), Franklin App. No. 90AP-803, unreported, 1991 WL 35009.
In 1994, appellant filed an application to reopen his direct appeal under App.R. 26(B), claiming ineffective assistance of appellate counsel. As good cause for failing to file within ninety days of journalization of the judgment sought to be reopened, as required by App.R. 26(B)(2)(b), appellant stated that he was unaware he could raise an assignment of error related to sufficiency of the evidence. The court of appeals found that this reason did not constitute good cause, and appellant appealed its decision to this court.
Michael Miller, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.
Dennis C. Belli, Columbus, for appellant.
The judgment of the court of appeals is affirmed on authority of State v. Reddick (1995), 72 Ohio St.3d 88, 647 N.E.2d 784.
Judgment affirmed.
To continue reading
Request your trial
-
Hubbard ex rel. Creed v. Sauline
... ... (State ex rel. Parsons v. Ferguson [1976], 46 Ohio St.2d 389, 75 O.O.2d 457, 348 N.E.2d 692; State ex ... ...
-
Smith v. Warden, Toledo Corr. Inst.
...constitute "good cause" for an untimely 26(B) application. State v. LaMar, 812 N.E.2d 970, 972 (Ohio 2004); see also State v. Carpenter, 659 N.E.2d 786, 786 (Ohio 1996). There was thus no occasion for the Ohio courts to consider what constitutes IAAC in holding that Smith failed to show goo......
-
Edwards v. Carpenter
...filing after the 90-day period allowed.2 The Ohio Supreme Court, in a one-sentence per curiam opinion, affirmed. State v. Carpenter, 74 Ohio St. 3d 408, 659 N. E. 2d 786 (1996) On May 3, 1996, respondent filed a petition for writ of habeas corpus in the United States District Court for the ......
-
Warren ex rel. Bluedorn v. Hicks
... ... 731.07. The Ohio Supreme Court stated in State ex rel. Singer v. Cartledge (1935), 129 Ohio St. 279, 285, 2 O.O. 194, 194, 195 N.E. 237, 239 that ... ...