Court of Appeals of Ohio, Eighth District, Cuyahoga
Cuyahoga County Court of Common Pleas Case No. CR-16-602687-B
Application for Reopening Motion No. 529126
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Frank Romeo Zeleznikar, Assistant Prosecuting
Attorney, for appellee.
Donnell D. Lindsey, pro se.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, J.
1} Applicant, Donnell D. Lindsey, timely seeks to
reopen his appeal in State v. Lindsey, 8th Dist.
Cuyahoga No. 106111, 2019-Ohio-782. He claims that appellate
counsel was ineffective for not arguing that the trial court
erred in overruling certain of his motions for mistrial. He
also claims that appellate counsel should have argued that
trial counsel was ineffective because counsel did not seek a
psychological evaluation or properly object to certain
testimony. Finding no merit to his application for reopening,
it is denied.
2} Lindsey was tried and convicted of several
charges resulting from the murder of a three-year-old, Major
Howard. He received a prison sentence of 37 years to life.
Id. at ¶ 20. In his direct appeal, Lindsey
raised nine assignments of error, three of which are germane
to the issues raised in his application:
Assignment of error I: The trial court erred when it denied
Mr. Lindsey's and the State's motion for a
psychological evaluation in violation of his rights.
Assignment of error II: The trial court erred when it denied
Mr. Lindsey his Constitutional right to his retained counsel.
Assignment of error III: The trial court erred when it denied
Mr. Lindsey's motions for mistrials thereby denying him
his right to a fair trial.
brief at v.
3} This court overruled each of the nine assignments
of error and affirmed Lindsey's convictions in our
decision issued March 7, 2019. Lindsey at ¶
4} On June 5, 2019, Lindsey filed the instant
application asserting two proposed assignments of error: (1)
The trial court erred when it denied appellant's motion
for mistrials thereby denying him his right to a fair trial,
and (2) ineffective assistance of trial counsel. The state
timely opposed the application.
Ineffective Assistance ...