Court of Appeals of Ohio, Eighth District, Cuyahoga
Cuyahoga County Court of Common Pleas Case No. CR-16-604551-B
Application for Reconsideration Motion No. 531890
Mancino, Jr., for appellant.
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Carl Mazzone, Assistant Prosecuting Attorney,
JOURNAL ENTRY AND OPINION
A JONES, SR., J.
1} Applicant, Isaiah Campbell, filed a delayed
application for reconsideration of the decision issued on
April 26, 2018, in State v. Campbell, 8th Dist.
Cuyahoga No. 105622, 2018-Ohio-1639. In an abundance of
caution, this court will analyze the filing as a delayed
application for reconsideration under App.R. 26(A) and an
application to reopen the appeal under App.R. 26(B). Under
both standards, Campbell is not entitled to relief.
Therefore, the application is denied.
2} Campbell was convicted of two counts of rape, two
counts of kidnapping, aggravated robbery, felonious assault,
and grand theft; with attendant firearm specifications and a
sexually violent predator specification. Campbell at
¶ 12. He received a sentence of 36-years-to-life. This
sentence was ordered to be served consecutive to a 14-year
prison sentence that was previously imposed in an unrelated
3} Campbell appealed, but did not argue that his
sentence constituted a de facto life sentence. This court
overruled Campbell's six assignments of error and
affirmed his convictions and sentences. Id. at
4} His codefendent, Dashawn Strowder, was convicted
of similar crimes and received a sentence of
50-years-to-life. State v. Strowder, 8th Dist.
Cuyahoga No. 105569, 2018-Ohio-1292, ¶ 14. This sentence
was ordered to be served consecutive to a nine-year prison
sentence imposed in an unrelated case. Id. In
Strowder's appeal, he argued that the sentence was
tantamount to a life sentence imposed on a non-homicide
juvenile offender, which was unlawful under the United States
Supreme Court's decision in Graham v. Florida,
560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and the
Supreme Court of Ohio's decision in State v.
Moore, 149 Ohio St.3d 557, 2016-Ohio-8288, 76 N.E.3d
1127. On April 5, 2018, this court reversed Strowder's
sentence and remanded the matter for resentencing with
instructions for the trial court to consider when Strowder
would become eligible for parole in light of Graham
and Moore, and whether the length of sentence would
allow him a meaningful opportunity for parole. Id.
at ¶ 44.
Despite the fact that the decision remanding Strowder's
case for resentencing was issued prior to the appellate
decision in Campbell's case,  Campbell did not immediately
file an application for reconsideration raising this
sentencing issue, or file an application to reopen his appeal
based on appellate counsel's failure to raise this issue.
Over 16 months later, on September 13, 2019, Campbell filed a
delayed motion for reconsideration raising the claim for the
6} An application for reconsideration is governed by
App.R. 26(A)(1)(a), which provides that an "[application
for reconsideration of any cause or motion submitted on
appeal shall be made in writing no later than ten days after
the clerk has both mailed to the parties the judgment or
order in question and made a note on the docket of the
mailing as required by App.R. 30 (A)."
7} The rule does not readily provide a standard that
appellate courts should employ to determine the merits of an
application for reconsideration, but this court has
when reviewing an application for reconsideration, [the
court] must determine whether the motion calls to the
attention of the court an obvious error in its decision or
raises an issue for consideration that was either not
considered at all or not fully considered by the court.
Cleveland Clinic Found. v. Bd. of Zoning Appeals,
8th Dist. Cuyahoga No. 98115, 2012-Ohio-6008; State v.
Dunbar, 8th Dist. Cuyahoga No. 87317, 2007-Ohio-3261. In
addition, an application for reconsideration is not intended
to simply allow a party to challenge an opinion because of a
disagreement with the conclusion reached and the logic
employed by the appellate court. Deutsche Bank Natl Trust
Co. v. Greene, 6th Dist. Erie No. E-10-006,
2011-Ohio-2959; In re Richardson, 7th Dist. Mahoning
No. 01-CA-78, 2002-Ohio-6709. Finally, an application for
reconsideration must point to an obvious error in the
appellate decision or raise for consideration issues that
were not considered at all or not fully considered.
Columbus v. Hodge, 37 Ohio App.3d 68, 523 N.E.2d 515
(10th Dist.1987); Matthews v. Matthews, 5 Ohio
App.3d 140, 450 N.E.2d 278 (10th Dist.1981).
State v. Ramos, 8th Dist. Cuyahoga No. 103596,
2017-Ohio-7712, ¶ 10.
8} App.R. 26(B)(1) provides a ten-day deadline for
filing an application for reconsideration, but pursuant to
App.R. 14(B), that deadline may be extended on a showing of
"extraordinary circumstances." Extraordinary
circumstances may be ...