From Casetext: Smarter Legal Research

State v. Slagle

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 29, 2002
No. 55759 (Ohio Ct. App. May. 29, 2002)

Opinion

No. 55759.

Decided May 29, 2002.

CHARACTER OF PROCEEDING: Application for Reopening, Motion No. 33642, Lower Court No. CR-220252, Common Pleas Court.

For Plaintiff-Appellee: WILLIAM D. MASON, Cuyahoga County Prosecutor, KAREN L. JOHNSON, DIANE SMILANICK, Assistant County Prosecutors, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113.

For Defendant-Appellant: PATRICIA M. WALSH, 1370 Ontario Street, Suite 1040, Cleveland, Ohio 44113, DAVID BODIKER, KELLY L. CULSHAW, ROBERT K. LOWE, LINDA E. PRUCHA, PAMELA PRUDE-SMITHERS, JOSEPH E. WILHELM, Assistant State Public Defenders, Ohio Public Defenders Commission, 8 East Long Street, 11th Floor, Columbus, Ohio 43266-0587.


JOURNAL ENTRY and OPINION


{¶ 1} On November 20, 2001, Billy Slagle, Jr., through counsel, filed a second application for reopening pursuant to App.R. 26(B). He is again attempting to reopen the appellate judgment that was rendered by this court in State v. Slagle (Jun. 14, 1990), Cuyahoga App. No. 55759. In that opinion, we affirmed defendant's convictions and sentence for aggravated murder, aggravated burglary, and aggravated robbery. On December 19, 2001, the State of Ohio, through the Cuyahoga County Prosecutor's office, filed a memorandum of law in opposition to the application for reopening. For the following reasons, we decline to reopen Slagle's original appeal.

{¶ 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, 74 Ohio St.3d 235, 1996-Ohio-258, 658 N.E.2d 273; State v. Cheren, 73 Ohio St.3d 137, 1995-Ohio-38, 652 N.E.2d 707; State v. Peeples, 73 Ohio St.3d 149, 1995-Ohio-357, 652 N.E.2d 717; State v. Towns (Nov. 3, 1997), Cuyahoga App. No. 71244, reopening disallowed, (Apr. 22, 2002), Motion No. 37343; State v. Sherrills (Sept. 18, 1997), Cuyahoga App. No. 56777, reopening disallowed, (Mar. 6, 2001), Motion No. 24318; and State v. Stewart (Nov. 19, 1998), Cuyahoga App. No. 73255, reopening disallowed, (Nov. 2, 2001), Motion No. 32159. In State v. Reddick, 72 Ohio St.3d 88, 90-91, 1995-Ohio-249, 647 N.E.2d 784, the Supreme Court of Ohio stated: "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} 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.


Summaries of

State v. Slagle

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 29, 2002
No. 55759 (Ohio Ct. App. May. 29, 2002)
Case details for

State v. Slagle

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. BILLY SLAGLE, Defendant-Appellant

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: May 29, 2002

Citations

No. 55759 (Ohio Ct. App. May. 29, 2002)

Citing Cases

State v. Slagle

See State v. Richardson (1996), 74 Ohio St.3d 235, 658 N.E.2d 273. The court of appeals further held that the…

Slagle v. Bagley

The state court of appeals, in 1994 and 2002, denied Slagle's motions to reopen his direct appeal pursuant to…