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State v. Lindsey

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 20, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DONNELL D. LINDSEY, Defendant-Appellant.

          Cuyahoga County Court of Common Pleas Case No. CR-16-602687-B Application for Reopening Motion No. 529126

         JUDGMENT APPLICATION DENIED

          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.

         Appellant's 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 ¶ 112.

         {¶ 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.

         I. Ineffective Assistance ...


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