State v. Quinn, L-06-1003 (7-17-2008)
State v. Quinn, L-06-1003 (7-17-2008)
Opinion of the Court
{¶ 2} App. R. 26(B)(1) requires that applications for reopening of the appeal from the judgment of conviction and sentence, based on a claim of ineffective assistance of appellate counsel "be filed in the court of appeals where the appeal was decided within ninety days from journalization of the appellate judgment unless the applicant shows good cause for filing at a later time." Clearly, the application was filed in excess of the 90-day limit. However, Quinn asserts that he has "good cause" for filing the application beyond the time limit. Specifically, Quinn states that he "tried to seek counsel to file this 26(B) and could not obtain one within the timely 90 days" and that he is in a maximum security prison and, therefore, has "very limited access to the law library to file this 26(B) before this court."
{¶ 3} "The 90-day requirement in the rule is `applicable to all appellants.'" State v. Farrow,
{¶ 4} Accordingly, we find that the grounds asserted by Quinn do not constitute good cause for the untimely filing of his application. Quinn's failure to demonstrate good cause is a sufficient basis for denying the application for reopening. See, e.g., State v. Woodey, 8th Dist. No. 90317,
*Page 4APPLICATION DENIED.
*Page 1Peter M. Handwork, J., Arlene Singer, J., William J. Skow, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.