Citation Codes Equivalent Citations citation codes Docket Number Case No. 1:02 CV 690. Judges Lesley Brooks Wells Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. OPINION SCOTT M. SMITH Petitioner v. STATE OF OHIO, DEPARTMENT OF REHABILITATION AND CORRECTION Respondent. JUDGMENT ENTRY LESLEY WELLS, District Judge The Court, having contemporaneously entered its memorandum of opinion and order, hereby dismisses petitioner Scott M. Smith's petition for a writ of habeas corpus. However, the Court certifies, pursuant to 28 U.S.C. § 2253(c), that there is a basis on which to issue a certificate of appealability because reasonable jurists could find debatable the correctness of the Court's procedural ruling, and because Mr. Smith has made a substantial showing of the denial of a constitutional right.See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Specifically, the Court, pursuant to 28 U.S.C. § 2253(c)(1), (2), and (3), issues a certificate of appealability on the following issue: Could the failure, by Mr. Smith's appellate counsel, to notify him of the court of appeals' judgment, thereby preventing the filing of a timely appeal to the Ohio Supreme Court, constitute constitutionally ineffective assistance of counsel? IT IS SO ORDERED.