State v. Slagle, Unpublished Decision (5-29-2002)
State v. Slagle, Unpublished Decision (5-29-2002)
Opinion of the Court
{¶ 2} The record indicates that Mr. Slagle, through the public defender's office, filed his first application to reopen pursuant to App.R. 26(B) on August 4, 1994. This court subsequently denied that application on September 1, 1994 finding that the application was procedurally defective, and because the arguments raised were previously addressed on direct appeal.
{¶ 3} Mr. Slagle's second application is not well taken because there is no right to file successive applications for reopening pursuant to App.R. 26(B). State v. Richardson,
{¶ 4} Furthermore, the doctrine of res judicata prohibits this court from considering Mr. Slagle's second application for reopening because his new claims of ineffective assistance of appellate counsel could have been raised in his initial application to reopen. Stewart;Fuller; State v. Phelps (Sept. 30, 1996), Cuyahoga App. No. 69157, second reopening disallowed (Nov. 30, 1998), Motion No. 79992; and State v.Brantley (June 29, 1992), Cuyahoga App. No. 62412, second reopening disallowed (May 22, 1996), Motion No. 72855.
Accordingly, Mr. Slagle's second application for reopening is denied.
JAMES J. SWEENEY, J., and TERRENCE O'DONNELL, J., CONCUR.
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