State v. Turner, Unpublished Decision (7-23-2002)
State v. Turner, Unpublished Decision (7-23-2002)
Opinion of the Court
{¶ 2} The Supreme Court of Ohio, in State v. Smith,
{¶ 3} "Moreover, to justify reopening his appeal, Smith `bears the burden of establishing that there was a "genuine issue" as to whether he has a "colorable claim" of ineffective assistance of counsel on appeal.'State v. Spivey,
{¶ 4} "Strickland charges us to `appl[y] a heavy measure of deference to counsel's judgments,'
{¶ 5} "Moreover, we must bear in mind that appellate counsel need not raise every possible issue in order to render constitutionally effective assistance. See Jones v. Barnes (1983),
{¶ 6} In support of his application for reopening, Turner raises three proposed assignments of error:
{¶ 7} "APPELLANT CONTENDS THAT HE WAS DENIED THE EFFECTIVE ASSISTANCE OF APPELLATE COUNSEL IN VIOLATION OF HIS SIX (SIC) AND FOURTEEN AMENDMENTS UNDER THE UNITED STATES CONSTITUTION BY HIS FAILURE TO HAVE SUBSTANTIAL DEFECTS AND OMISSIONS CORRECTED IN THE TRANSCRIPTS OF PROCEEDINGS FOR EFFECTIVE REVIEW.
{¶ 8} "THE APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF APPELLANT (SIC) COUNSEL IN VIOLATION OF HIS
SIXTH ANDFOURTEENTH AMENDMENT UNDER THE UNITED STATES CONSTITUTION AND ARTICLEI [,] SECTION10 OF THE OHIO CONSTITUTION FOR COUNSEL[']S FAILURE TO RAISE AND PUT FORTH THOSE ERRORS THAT CLEARLY SHOWED A VIOLATION OF APPELLANT[']S RIGHT TO A FAIR TRIAL.{¶ 9} "THE APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF THE APPELLANT (SIC) COUNSEL IN VIOLATION OF HIS
SIXTH ANDFOURTEENTH AMENDMENTS UNDER THE UNITED STATES CONSTITUTION AND ARTICLEI [,] SECTION10 OF THE OHIO CONSTITUTION FOR COUNSEL[']S FAILURE TO ADDRESS MORE FULLY TRIAL COUNSEL[']S INEFFECTIVE ASSISTANCE WHICH PREJUDICED APPELLANT[']S RIGHT TO A FAIR TRIAL."
{¶ 10} A review of Turner's three proposed assignments of error fails to create a genuine issue as to whether he was deprived of the effective assistance of counsel on appeal. With the exception of Turner's self-serving statements as to the accuracy of the trial court transcript, Turner has failed to demonstrate that the trial transcript is inaccurate or how he was prejudiced by the claimed inaccuracy. State v.Spivey,
{¶ 11} Accordingly, Turner's application for reopening is denied.
MICHAEL J. CORRIGAN, P.J., and DIANE KARPINSKI, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.