Legal Opinion

Fernando Lopez v. Julius Wilson, Warden

Court of Appeals for the Sixth Circuit

Decided January 15, 2004No. 01-3875PublishedCited by 15 opinions

1Opinion of the CourtSuhrhe Inrich, J., joined by Rogers, J.,

COLE, J. (p. 942), delivered a separate opinion concurring in the judgment.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

Under Rule 26(B) of the Ohio Rules of Appellate Procedure, an Ohio defendant seeking to file an ineffective assistance of appellate counsel claim must file an application to reopen in the state court of appeals where the appeal was decided rather than in a state trial court. In White v. Schotten, 201 F.3d 743, 752-53 (6th Cir.), cert. denied, 531 U.S. 940, 121 S.Ct. 332, 148 L.Ed.2d 267 (2000), this Court held that an application to reopen appeal under Rule 26(B) of the…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Jones v. BarnesSupreme Court of the United States · 1983
  5. Griffin v. IllinoisSupreme Court of the United States · 1956

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3Cited by15 opinions

  1. Willie Williams, Jr. v. Margaret Bagley, WardenCourt of Appeals for the Sixth Circuit · 2004
  2. Fernando Lopez v. Julius Wilson, WardenCourt of Appeals for the Sixth Circuit · 2005
  3. Kenneth T. Richey v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2005
  4. Waldron v. JacksonDistrict Court, N.D. Ohio · 2004
  5. Dyer v. BowlenCourt of Appeals for the Sixth Circuit · 2006

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