State v. Durr , 1994 Ohio 58 ( 1994 )

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The State of Ohio, Appellee, v. Durr, Appellant.
[Cite as State v. Durr (1994), Ohio St. 3d .]
Appellate procedure -- Application for reopening appeal from
judgment and conviction based on claim of ineffective
assistance of appellate counsel -- Application denied when
no colorable claim of ineffective assistance of counsel is
found.
(No. 94-1820 -- Submitted October 24, 1994 -- Decided
December 30, 1994.)
Appeal from the Court of Appeals for Cuyahoga County, No.
57140.
Appellant, Darryl Durr, was convicted of one count of
aggravated murder with specifications that the murder was
committed while the appellant was committing, attempting to
commit, or fleeing after committing, aggravated robbery, rape,
and kidnapping, and of kidnapping, aggravated robbery, and
rape, each with a violence specification. He was sentenced to
death. The court of appeals affirmed the convictions. State
v. Durr (Dec. 7, 1989), Cuyahoga App. No. 57140, unreported.
We also affirmed the convictions. State v. Durr (1991), 58
Ohio St.3d 86, 568 N.E.2d 674.
On June 30, 1993, appellant filed with the court of
appeals an application pursuant to State v. Murnahan (1992), 63
Ohio St. 3d 60, 584 N.E. 2d 1204, for delayed reconsideration,
alleging ineffective assistance of counsel for failure to raise
thirty-five issues on direct appeal. The court of appeals
examined each issue, found no colorable claim of ineffective
assistance of counsel, and denied the application. Appellant
now appeals that decision to this court.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting
Attorney, and Carmen M. Marino, Assistant Prosecuting Attorney,
for appellee.
David H. Bodiker, Ohio Public Defender, William S. Lazarow
and Randy D. Ashburn, for appellant.
Per Curiam. The decision of the court of appeals is
affirmed for the reasons stated in its opinion.
Judgment accordingly.
Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney
and Pfeifer, JJ., concur.
Wright, J., dissents.