State v. Fair , 1994 Ohio 56 ( 1994 )

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The State of Ohio, Appellee, v. Fair, Appellant.
[Cite as State v. Fair (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
applicant fails to establish good cause for filing the
application more than ninety days after the effective date
of App.R. 26(B) and when no colorable issue of ineffective
assistance of counsel is found.
(No. 94-1680 -- Submitted November 1, 1994 -- Decided
December 30, 1994.)
Appeal from the Court of Appeals for Franklin County, No.
90AP-363.
Appellant, Eddie J. Fair, was convicted of aggravated
murder, aggravated robbery, kidnapping, and rape, and sentenced
to thirty years to life. He appealed, and the court of appeals
affirmed the convictions. State v. Fair (July 6, 1991),
Franklin App. No. 90AP-363, unreported. He asserts that on
February 8, 1994 he filed a motion for delayed reconsideration
(reopening) in the court of appeals based on "State v. Murnahan
(1992), 63 Ohio St. 3d 60 [584 N.E. 2d 1204], and *** by
App.R. 26(B), as amended effective July 1, 1993," alleging
ineffective assistance of appellate counsel in the
presentation of issues concerning testimony of appellant's
alleged common-law wife and a "jailhouse lawyer." The court of
appeals held that appellant failed to establish good cause for
filing the application more than ninety days after the
effective date of App.R. 26 (B), and otherwise found no
colorable issue of ineffective assistance of counsel, and
denied the application. Appellant appeals from that decision.
Michael Miller, Franklin County Prosecuting Attorney, and
Joyce S. Anderson, Assistant Prosecuting Attorney, for appellee.
Eddie J. Fair, pro se.
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, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.