Summary
The Ohio Supreme Court affirmed the denial of David Allen Sneed’s application to reopen his direct appeal under Ohio Appellate Rule 26(B). The court held that Sneed failed to raise a genuine issue showing ineffective assistance of appellate counsel under the Strickland standard.
Holdings
- An applicant seeking to reopen a direct appeal under App.R. 26(B) must establish a genuine issue as to whether the applicant has a colorable claim of ineffective assistance of appellate counsel. The applicant must show that counsel was deficient for failing to raise the proposed issues and that there was a reasonable probability of success had the issues been presented.
Questions Presented
- Whether Sneed's App.R. 26(B) application raised a genuine issue as to a colorable claim that appellate counsel was constitutionally ineffective.
- Whether Sneed established deficient appellate performance and a reasonable probability of success on the omitted issues.
Disposition
affirmed
Cases Cited (10)
- State v. Sneed (May 22, 1989), Stark App. No. CA-6976, 1989 WL 63272(prior history)
- State v. Sneed, 63 Ohio St. 3d 3, 584 N.E.2d 1160 (1992)(prior history)
- State v. Sneed (Sept. 29, 2000), Stark App. No. 1999CA00339, 2000 WL 1476140(prior history)
- State v. Sneed, 91 Ohio St. 3d 1428, 741 N.E.2d 893 (2001)(prior history)
- State v. Murnahan, 63 Ohio St. 3d 60, 584 N.E.2d 1204 (1992)(applied)
- Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)(applied)
- State v. Spivey, 84 Ohio St. 3d 24, 25, 701 N.E.2d 696 (1998)(applied)
- State v. Bradley, 42 Ohio St. 3d 136, 538 N.E.2d 373 (1989)(applied)
- Jones v. Barnes, 463 U.S. 745, 103 S. Ct. 3308, 77 L. Ed. 2d 987 (1983)(applied)
- State v. Sanders, 94 Ohio St. 3d 150, 151-152, 761 N.E.2d 18 (2002)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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