State v. Silver

Summary

The Eighth District Court of Appeals of Ohio denied Terrell Silver’s application under Ohio Appellate Rule 26(B) to reopen his prior appeal. The court held that Silver failed to identify assignments of error as required and that his claims concerning capital-case procedures were baseless because the indictment did not include capital specifications under Ohio Revised Code 2929.04(A).

Holdings

1. An App.R. 26(B) application may be denied when the applicant fails to identify any assignment of error that was not raised in the original appeal.
2. Appellate counsel was not ineffective for declining to raise claims that a capital-case venire, sentencing instructions, and jury sentencing were required when the indictment did not contain the capital specifications required by R.C. 2929.04(A).

Questions Presented

1. Whether Silver satisfied App.R. 26(B)(2)(c) by identifying one or more assignments of error that appellate counsel failed to raise in the original appeal.
2. Whether appellate counsel was ineffective for failing to argue that Silver's aggravated-murder prosecution was a capital case requiring capital venire, jury-instruction, and sentencing procedures.
3. Whether the absence of capital specifications under R.C. 2929.04(A) meant that Silver's case was not a capital case.

Disposition

other