State v. Mays

2014 Ohio 2637

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99150

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

TRACY MAYS

DEFENDANT-APPELLANT

JUDGMENT:

APPLICATION DENIED

Cuyahoga County Court of Common Pleas Case No. CR-559249

Application for Reopening Motion No. 474342

RELEASE DATE: June 17, 2014

FOR APPELLANT

Tracy Mays, pro se P.O. Box 231 Centralia, Illinois 62801

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

By: Diane Smilanick Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113

EILEEN T. GALLAGHER, J.:

{¶1} Tracy Mays has filed a second application for reopening pursuant to App.R.

26(B). Mays is attempting to reopen the appellate judgment rendered in State v. Mays, 8th Dist. Cuyahoga No. 99150, 2013-Ohio-4031. That appeal affirmed his conviction for the offense of domestic violence.

{¶2} Mays is permitted to file only one application for reopening with regard to a specific appeal. Mays has already filed an App.R. 26(B) application for reopening, with regard to appeal No. 99150, on December 2, 2013. The initial application for reopening was denied on February 28, 2014. See State v. Mays, 8th Dist. Cuyahoga No. 99150, 2014-Ohio-814. There exists no right to file a second or successive application for reopening under App.R. 26(B). State v. Cooey, 99 Ohio St.3d 345, 2003-Ohio-3914, 792 N.E.2d 720; State v. Williams, 99 Ohio St.3d 179, 2003-Ohio-3079, 790 N.E.2d 299; State v. Cheren, 73 Ohio St.3d 137, 1995-Ohio-28, 652 N.E.2d 707; State v. Peeples, 73 Ohio St.3d 149, 1995-Ohio-36, 652 N.E.2d 717.

{¶3} Application denied.

EILEEN T. GALLAGHER, JUDGE

MARY J. BOYLE, A.J., and SEAN C. GALLAGHER, J., CONCUR