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STATE v. WINSTEAD

No. 95-816.

74 Ohio St.3d 277 (1996)

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

Supreme Court of Ohio.

Decided January 10, 1996.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, Ohio Public Defender, and Hyrum J. Mackay, Assistant Public Defender, for appellant.

Per Curiam.

The decision of the court of appeals is affirmed. We agree that a courier's delay in delivery is not "good cause" for accepting an App.R. 26(B) application for reopening that is untimely filed. Moreover, there is no denial of due process or equal protection in applying to this appellant a rule applicable to all appellants.

Judgment affirmed.

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK...

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