State v. Mays

[Cite as State v. Mays, 2014-Ohio-2637.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99150
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
TRACY MAYS
DEFENDANT-APPELLANT
JUDGMENT:
APPLICATION DENIED
Cuyahoga County Court of Common Pleas
Case No. CR-559249
Application for Reopening
Motion No. 474342
RELEASE DATE: June 17, 2014
FOR APPELLANT
Tracy Mays, pro se
P.O. Box 231
Centralia, Illinois 62801
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Diane Smilanick
Assistant County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN T. GALLAGHER, J.:
{¶1} Tracy Mays has filed a second application for reopening pursuant to App.R.
26(B). Mays is attempting to reopen the appellate judgment rendered in State v. Mays,
8th Dist. Cuyahoga No. 99150, 2013-Ohio-4031. That appeal affirmed his conviction
for the offense of domestic violence.
{¶2} Mays is permitted to file only one application for reopening with regard to a
specific appeal. Mays has already filed an App.R. 26(B) application for reopening, with
regard to appeal No. 99150, on December 2, 2013. The initial application for reopening
was denied on February 28, 2014. See State v. Mays, 8th Dist. Cuyahoga No. 99150,
2014-Ohio-814. There exists no right to file a second or successive application for
reopening under App.R. 26(B). State v. Cooey, 99 Ohio St.3d 345, 2003-Ohio-3914, 792
N.E.2d 720; State v. Williams, 99 Ohio St.3d 179, 2003-Ohio-3079, 790 N.E.2d 299;
State v. Cheren, 73 Ohio St.3d 137, 1995-Ohio-28, 652 N.E.2d 707; State v. Peeples, 73
Ohio St.3d 149, 1995-Ohio-36, 652 N.E.2d 717.
{¶3} Application denied.
EILEEN T. GALLAGHER, JUDGE
MARY J. BOYLE, A.J., and
SEAN C. GALLAGHER, J., CONCUR