State v. Jells, 00-1053.

Decision Date27 December 2000
Docket NumberNo. 00-1053.,00-1053.
Citation90 Ohio St.3d 454,739 NE 2d 345
PartiesTHE STATE OF OHIO, APPELLEE, v. JELLS, APPELLANT.
CourtOhio Supreme Court

William D. Mason, Cuyahoga County Prosecuting Attorney, and Reno J. Ordani, Jr., Assistant Prosecuting Attorney, for appellee.

Shawn Martin, for appellant.

Per Curiam.

Based on the reasoning set forth in its opinion, we affirm the judgment of the court of appeals denying appellant's application for reopening for failing to establish a colorable claim of ineffective assistance of counsel on the part of appellate counsel. Spivey, supra, 84 Ohio St.3d at 25, 701 N.E.2d at 697. In none of the six instances has Jells raised "a genuine issue as to whether [he] was deprived of the effective assistance of counsel on appeal" before the court of appeals, as required under App.R. 26(B).

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

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3 cases
  • Jells v. Mitchell
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 18, 2008
    ...State v. Jells, No. 54733, 2000 WL 545963 (Ohio Ct.App. Apr. 26, 2000), and the Ohio Supreme Court affirmed, State v. Jells, 90 Ohio St.3d 454, 739 N.E.2d 345 (2000). On September 21, 1999, Jells filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, in the United State......
  • Franklin v. Anderson
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • January 9, 2006
    ...91 Ohio St.3d 329, 744 N.E.2d 770, 771 (2001); State v. Hill, 90 Ohio St.3d 571, 740 N.E.2d 282, 283-84 (2001); State v. Jells, 90 Ohio St.3d 454, 739 N.E.2d 345, 346 (2000). Recently, in yet another reversal of practice, the Ohio Supreme Court has renewed affirming the dismissal of Rule 26......
  • Landrum v. Anderson, No. C-1-96-641.
    • United States
    • U.S. District Court — Southern District of Ohio
    • February 4, 2002
    ...specifically eschewing any consideration of the White v. Schotten, 201 F.3d 743 (6th Cir.2000), question. • In State v. Jells, 90 Ohio St.3d 454, 739 N.E.2d 345 (2000), a case decided before the motion papers were filed, the Court of Appeals denied a 26(B) both for being untimely and on the......

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