State v. Fortson, Unpublished Decision (12-11-2001)

JOURNAL ENTRY and OPINION

On November 27, 2001, the applicant, Andrew Fortson, claiming ineffective assistance of appellate counsel applied pursuant to App.R. 26(B) to reopen this court's judgment in State of Ohio v. Andrew Fortson (Aug. 14, 2001), Cuyahoga App. No. 78240, unreported, in which this court affirmed his conviction for aggravated murder. For the following reasons, this court denies the application.

App.R. 26(B)(1) and (2)(b) require applications claiming ineffective assistance of appellate counsel to be filed within ninety days from journalization of the decision unless the…