[Cite as State v. Hill,

.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98366

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

RONDELL L. HILL

DEFENDANT-APPELLANT

JUDGMENT: APPLICATION DENIED

Cuyahoga County Court of Common Pleas Case No. CR-11-551296-A Application for Reopening Motion No. 476600

RELEASE DATE: August 5, 2014 APPELLANT

Rondell Hill Inmate No. 624-139 Lorain Correctional Institution 2075 S. Avon Belden Road Grafton, Ohio 44044

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor By: Kevin R. Filiatraut Assistant County Prosecutor 1200 Ontario Street, 9th Floor Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, P.J.:

{¶1} On July 10, 2014, the applicant, Rondell Hill, pursuant to App.R. 26(B) and State

v. Murnahan,

,

(1992), applied to reopen this court’s

judgment in State v. Hill, 8th Dist. Cuyahoga No. 98366,

, in which this court

modified Hill’s conviction for aggravated murder to murder, because there was insufficient

evidence for the element of prior calculation and design, and then remanded the case for

resentencing. Hill now claims that his appellate counsel was ineffective for not arguing that his

trial counsel should have asked for a lesser included offense instruction on voluntary

manslaughter and that the prosecutor committed prejudicial misconduct by presenting perjured

evidence and expressing personal opinions during closing argument. For the following reasons,

this court denies the application to reopen.

{¶2} App.R. 26(B)(1) and (2)(b) require applications claiming ineffective assistance of

appellate counsel to be filed within 90 days from journalization of the decision unless the

applicant shows good cause for filing at a later time. The July 2014 application was filed

approximately 500 days after this court’s decision. Thus, it is untimely on its face.

{¶3} Hill endeavors to show good cause by stating that he did not obtain the transcript

until October 2013 and that his appellate counsel failed to argue the above-listed “dead bang

winners.” However, the lack of a transcript does not state good cause for an untimely filing.

State v. Lawson, 8th Dist. Cuyahoga No. 84402,

, reopening disallowed,

. In State v. Nicholson, 8th Dist. Cuyahoga No. 82825,

,

reopening disallowed,

, this court rejected the applicant’s claim that appellate

counsel’s failure to raise “dead bang winners” stated good cause for untimely filing. As the Supreme Court of Ohio stated in State v. Reddick,

,

,

: “Neither Murnahan nor App.R. 26(B) was intended as an open invitation for

persons sentenced to long periods of incarceration to concoct new theories of ineffective

assistance of appellate counsel in order to have a new round of appeals.”

{¶4} Accordingly, this court denies the application to reopen.

KATHLEEN ANN KEOUGH, PRESIDING JUDGE

EILEEN A. GALLAGHER, J., and TIM McCORMACK, J., CONCUR