State v. Spirko

Ohio Supreme Court November 9, 1994

State v. Spirko, 70 Ohio St. 3d 1221 (Ohio 1994)

640 N.E.2d 841; 1994 Ohio LEXIS 2429

Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright

Opinion of the Court

Per Curiam.

We deny the motion. Spirko’s 1991 appeal to this court was not a first appeal as of right; therefore, he had no constitutional right to counsel, hence no constitutional right to effective assistance. See State v. Buell (1994), 70 Ohio St.3d 1211, 639 N.E.2d 110.

Motion denied.

Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Wright, J., dissents.

Reference

Full Case Name: The State of Ohio v. Spirko
Status: Published