State v. Fautenberry, 96-2521
| Decision Date | 30 April 1997 |
| Docket Number | No. 96-2521,96-2521 |
| Citation | 677 N.E.2d 1194,78 Ohio St.3d 320 |
| Parties | The STATE of Ohio, Appellee, v. FAUTENBERRY, Appellant. |
| Court | Ohio Supreme Court |
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Ronald W. Springman, Jr., Assistant Prosecuting Attorney, for appellee.
David H. Bodiker, Ohio Public Defender, Lori Ann McGinnis and Stephen P. Hardwick, Assistant Public Defenders, for appellant.
We affirm the judgments of the court of appeals denying appellant's application for reopening and motion for reconsideration for the same reasons articulated by the court of appeals. Further, appellant has failed to establish the existence of a colorable claim of ineffective assistance of appellate counsel under Strickland v. Washington (1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. We reject all of appellant's propositions of law raised before this court.
Judgments affirmed.
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Fautenberry v. Mitchell
...of appellate counsel during his direct appeal to that court. That motion was summarily denied in May 1996. See State v. Fautenberry, 78 Ohio St.3d 320, 677 N.E.2d 1194 (1997). In July 1996, Fautenberry filed, pursuant to Ohio App. R. 26(B), an application for reopening (i.e., a motion for d......
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... ... a half. This failure alone provides sufficient reason to deny ... the application. State v. Fautenberry (1997), 78 ... Ohio St.3d 320, 677 N.E.2d 1194; State v. Hill ... (1997), 78 Ohio St.3d 174, 677 N.E.2d 337 and State v ... ...
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...counsel was presented, or because the applicant had the opportunity to appeal the issue to the Supreme Court. State v. Fautenberry (1997), 78 Ohio St.3d 320, 677 N.E.2d 1194; State v. Hill (1997), 78 Ohio St.3d 174, 677 N.E.2d 337; State v. Scott (Jan. 28, 1998), motion No. 83321, unreporte......
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... ... apply the doctrine when the issue has actually been presented ... to the supreme court. State v. Fautenberry (1997), ... 78 Ohio St.3d 320, 677 N.E.2d 1194; State v. Hill ... (1997), 78 Ohio St.3d 174, 677 N.E.2d 337; Searles; ... Timothy ... ...