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STATE v. MURNAHAN

Nos. 90-2287 and 90-2288.

63 Ohio St.3d 60 (1992)

THE STATE OF OHIO, APPELLANT, v. MURNAHAN, APPELLEE.

Supreme Court of Ohio.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Stephen A. Schumaker, Prosecuting Attorney, and David E. Smith, for appellant.

Randall M. Dana, Ohio Public Defender, Barbara A. Farnbacher and Kenneth R. Spiert, for appellee.

Lee I. Fisher, Attorney General, and Jack W. Decker, urging reversal for amicus curiae, Attorney General of Ohio.

H. Fred Hoefle, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.

HOLMES, J.

The issue certified to this court is whether a claim of ineffective assistance of appellate counsel is cognizable in post-conviction proceedings brought pursuant to R.C. 2953.21. For the reasons that follow, we answer such query in the negative.

It is asserted by Murnahan that R.C. 2953.21 is the appropriate vehicle by which to bring claims of ineffective assistance of appellate counsel. R.C. 2953.21 provides in pertinent part:

"(A) Any...

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